Assault & Battery Lawyer
Under California Penal Code 240 PC, assault is defined as an “unlawful attempt…coupled with a present ability….to commit a violent injury upon another person.” In easier terms, this means that carrying out the deed is probably going to result in force towards another person.
California assault law doesn’t necessitate a definite injury. Because of this, it is easy for people to be wrongly accused, and in some cases convicted, of assault.
In order to receive a conviction for assault, the prosecution must show that you had the intention to cause injury to someone else and that you were capable of manufacture this situation. Rarely is a defendant charged with a “basic assault”; charges are usually accompanied with assault with a weapon.
MISDEMEANOR AND FELONY ASSAULT CHARGES
- Simple assault charge
- Fines up to $1000 and/or incarceration up to 6 months
- Aggravating factors will elevate the sentencing
Battery is defined by California Penal Code section 242 as a “willful and unlawful use of force or violence upon the person of another.” Battery is any conscious and unlawful touch that is hurtful and/or offensive.
MISDEMEANOR BATTERY CHARGES
- Simple batteries
- Verdicts with fines of up to $2000 and/or 6 months of jail time
FELONY BATTERY CHARGES
- More serious batteries
- Verdicts with jail time of 2, 3 or 4 years
Please call our office for a free consultation regarding the facts of your case. We are available 24×7 and care about your rights. 909-340-2000