Assault and battery each has its own four elements that must be satisfied before a jury can find a defendant guilty of the crime. 1 2 California assault law, Penal Code 240 PC , defines an assault as an attempt to use force or violence on someone else. All assault offenses have enhancements, exceptions, and aggravating factors the can increase penalties. ***, Possible Defenses (Not an exhaustive list), California Penal Code Section 243: (Battery on a Peace Officer): Up to three years county jail or state prison, fine up to $10,000, probation. In some cases, even non-violent or non-forceful acts can be considered assault if … Assault and Battery Overview California defines Assault, CA Penal Code 240 PC, as willfully acting in a manner that would likely and knowingly result in the application of force upon another. Penalties and Charges in California Both assault and battery are known as wobbler crimes, which means that they can be charged as either a misdemeanor or a felony depending on the circumstances of the crime. The penalties for such a conviction range depending on the weapon used, if … Assault and battery charges are violent crimes in El Monte. There are two sides to every story and many times there may be key witnesses who can help exonerate the accused. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. Battery describes force or violence used against another person. If the incident was not an act of self defense, attorneys may seek to reduce the charges during plea discussions if their clients have previously unblemished criminal records or were provoked. The penalties for felony battery are more severe and include jail sentences of up to four years if the victim was a peace officer, emergency medical technician or nurse who suffered serious injuries. 6 California Forms of Pleading and Practice, Ch. The Penal Code establishes varying degrees of severity for a battery. Under California law, assault is an attempt to violently injure another. Visit our professional site », Created by FindLaw's team of legal writers and editors Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. An act of misdemeanor battery California is a crime where an individual directly strikes one or more other individuals. Assault and battery are often mentioned together, but they are actually separate crimes in California. California Penal Code § 240 defines as an assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another,” while a battery is defined under California Penal Code § 242 as “any willful and unlawful use of force or violence upon the person of another.” The major difference is that: Penal Code 240 assault is an action that may inflict physical harm or unwanted touching on someone else, and Penal Code 242 battery is the actual infliction of force or violence on someone else. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching. Microsoft Edge. Assault And Battery PENAL CODE SECTION 240-248 240. Under 243(b), penalties for battery will be increased if you commit an assault against a: 1. police officer or peace officer 2. public safety officer or firefighter 3. eme… Penal Code §240 represents the basic charge used to prosecute assault in El Monte.The truth is, if you’ve been charged with assault and battery, you should consider hiring a lawyer right away. 241. The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery. Firefox, or Six months is also the maximum custodial sentence for misdemeanor battery, but offenders face fines of up to $2,000 and may be ordered to pay restitution to their victims. Assault and Battery in California is not a word we use very often in our everyday dealings. A CaliforniaPenal Code 240 assault, on the other hand, may be filed when an attempt to injure another is made. While assault and battery are often lumped together and referred to as a single crime, assault and battery are actually two, distinct crimes that are defined and penalized differently per California Penal Code. Internet Explorer 11 is no longer supported. The California Penal Code defines assault as an "unlawful attempt" to cause a "violent injury on the person of another" -- assault is often described as an attempt to commit a battery. California battery and California assault are in fact completely different charges. 4 21, Assault and Battery , § 21.21 (Matthew When their clients are charged with assault or battery, experienced criminal defense attorneys may check police reports to see if they took action to protect themselves or others. Working with an attorney shouldn’t be. The major difference is that: Penal Code 240 assault is an action that may inflict physical harm or unwanted touching on someone else, and This is the crime of intentionally hitting or otherwise injuring another person. California's assault and battery laws can be found in Chapter 9 of the California Penal Code. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2010 California Code Penal Code Chapter 9. Stay up-to-date with how the law affects your life, Name Simple assault is an unlawful attempt, coupled with present ability to commit a violent injury upon another person. Two Years to File and Assault and Battery Injury Civil Case – Under California Code of Civil Procedure section 335.1 an individual (plaintiff) has two years from the date of the intentional act, “An action for assault, battery, or injury to, or for the death of, an individual caused by … California state laws allow a prosecutor to pursue charges of aggravated assault or aggravated battery in the most serious cases. | Last updated November 18, 2019. While assault is the attempt at violence, battery is the act itself. While Section 242 of the Penal Code sets the basic elements of a battery, a prosecutor can also use Section 243(d) when the victim suffered a "serious bodily injury." Under 243(d) battery causing serious injury in a felon with up to 4 years in state prison as the penalty. © 2021 The Law Offices Of Richard Wingerden. Battery is a specific charge that is closely related to assault. The Penal Code also establishes separate laws regarding battery in the context of domestic violence. Just like in assault, battery can come in three degrees as well, and they are listed below as follows: First-Degree: Involves use of a dangerous weapon The differences between assault and battery in California. Plaintiff is an individual and is now, and at all times mentioned in this complaint was, a resident of _____ County, California. On … All Rights Reserved. Are you a legal professional? California assault and California battery are, in reality, completely different offenses. (Battery) 1. The terms assault and battery are often used together and interchangeably by most people, but the two terms have vastly different legal meanings and consequences in the state of California. The prosecutor must show an "aggravating circumstance" to elevate the charges against the defendant. Assault and battery are often mentioned together, but they are actually separate crimes in California. Understanding assault charges in California is vital for anyone who has been charged with such crimes or for those who need to take legal action against someone else. AGGRAVATED BATTERY (CALIFORNIA) If you engage in excessive violence upon another person and the victim sustains serious bodily injury, you may be charged with Aggravated Battery.As a wobbler, Aggravated Battery may be charged as either a misdemeanor or a felony, depending on the specific facts of your case and your criminal record. 3 Battery, on the other hand, is the actual use of force or violence on someone else. YOUR GOALS COME FIRSTCriminal and estate planning legal issues can be stressful. Your Goals Come FirstCriminal and estate planning legal issues can be stressful. Put simply, if there was an attempt to do harm on another person, a person may be charged with assault. COME FIRSTCriminal and estate planning legal issues can be stressful.Working with an attorney shouldn’t be. In fact, CA law provides an exact definition of a “sexual battery” and specific legal remedies for victims. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 2 California Points and Authorities, Ch. Don't let simple assault charges escalate into a graver offense. The email address cannot be subscribed. All rights reserved. Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters. On behalf of The Law Offices Of Richard Wingerden | Feb 11, 2021 | criminal defense | 0 comments. Another example of aggravated assault is assault with the intent to commit a felony such as murder or rape. The difference between assault and battery in California, On behalf of The Law Offices Of Richard Wingerden, 3 situations in which hearsay evidence is admissible in court, Government misconduct and wrongful convictions. 3. The severity of the misdemeanor battery California is usually related to the circumstances of the attack and the injuries that an individual sustains. Google Chrome, A battery charge is also true if contact is made recklessly or negligently. When individuals commit violent acts with deadly weapons or during the commission of felonies, prosecutors may charge them with aggravated battery. In California, assault with a deadly weapon is a wobbler crime, meaning the prosecution can use its discretion when determining whether to charge it as a misdemeanor or a felony. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. While "assault and battery" is a commonly-heard phrase, assault and battery are separate crimes. Simple assault is a misdemeanor in the Golden State, but prosecutors can choose to file If you have additional questions about California’s assault and battery laws, click on the following links: Crimes involving violence are rarely straightforward. The State of California has dedicated California Penal Code Section 240 to defining assault and outlining its potential penalties. California law is quite broad in what it considers “unlawful use of force or violence upon the person” in Penal Code § 242. Under California Penal Code Section 243(c), inflicting an injury against anyone in the course of battery can increase the penalties substantially. (Matthew Bender) 17 California Points and Authorities, Ch. In California, assault and battery are two different crimes. If you're looking to reduce the charges against you or simply want to learn what defenses are available, you should speak with a skilled criminal defense attorney in California today. California Assault and Battery can be charged as a misdemeanor or felony depending on the specific facts of the given case: Assault: Simple assault is typically prosecuted as a misdemeanor under Penal Code section 240 and can be punishable by up to six months in county jail. 21, Assault and Battery, § 21.20 et seq. Someone who commits a simple assault or battery in California generally is guilty of a misdemeanor, although certain assault and battery crimes can be charged as a misdemeanor or a felony, at the prosecutor’s discretion (these crimes are called “wobblers”). 175, Physicians and Surgeons: Medical But if the extent of the act exceeds the permission provided, it can still provide grounds for assault and battery charges. If charged as a misdemeanor, the defendant can be sentenced to county jail for up to one year. California Penal Code § 242 as "any willful and unlawful use of force or violence upon the person of another." The elements of both civil assault and civil battery are very similar to the elements of criminal assault and battery discussed in more detail below. Defendant is an individual and is now, and at all times mentioned in this complaint was, a resident of _____ County, California. A prosecutor must show that the defendant intended to commit a battery and had the "present ability" to do so, but does not need to show that physical contact actually happened. California Penal Code Section 243(a) makes misdemeanor battery punishable by a fine of up to $2,000, by imprisonment in a county jail for up to six months, or by both. 2. Basics of Assault Charges in California . Search, California Criminal Statute of Limitations. Below you will find key provisions of California’s assault and battery laws. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Sexual Assault and Battery Claims in California Sexual assault and battery claims in California which may give rise to civil liability for money damages are clearly provided for by statute. A conviction for simple assault can lead to a jail sentence of up to six months and a fine of up to $1,000. As in other states, California assault and battery laws are found in criminal as well as civil law (where it is considered an "intentional tort"). California Penal Code Section 240 (Simple Assault), California Penal Code Section 242 (Battery), ***The penalties and sentencing for a defendant convicted of assault or battery depend on the severity of the crime, any aggravating circumstances, and the defendant's past criminal history. For example, use of a deadly weapon is often considered an aggravating circumstance that can elevate a charge to aggravated assault or aggravated battery. Consult our Alameda assault and battery attorney to explore your legal options. We recommend using Still, this could be charged as assault and battery. In almost all battery cases, assault is also charged to the defendant. Working with an attorney shouldn’t be. These factors can be where the incident took place, such as on the grounds of a school, in a hospital or prison, or who the act was committed against. Simple assault is a misdemeanor in the Golden State, but prosecutors can choose to file misdemeanor or felony charges in battery cases. Further, it is not something that we are charged with all the time in Long Beach. (Enacted 1872.) Battery is an actual act of violence, and the penalties for committing this crime can be severe if the battery resulted in serious injuries or the victim was an emergency worker. Most people get traffic tickets and infractions in Long Beach, however it’s a rare occasion when one is charged with an Assault and Battery in California. People can face simple assault charges even if they did not carry out their planned attack. A Penal Code 242 pc battery (defined above) requires some type of violent, painful, or offensive physical contact. Please try again. 58, Assault and Battery, § 58.13 (Matthew Bender) 2 California Points and Authorities, Ch. California’s “battery” statute covers what most states – and most people – call assault. Because these offenses may have the same act in common, both attempted and carried out, a defendant may face criminal charges for assault and battery. El Monte Assault and Battery Lawyer. However, assault (defined under California Penal Code 240) and battery (Penal Code 242) are actually two separate crimes. California's assault and battery laws can be found in Chapter 9 of the California Penal Code. Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. A prosecutor must show that the defendant willfully made contact with another person. California Penal Code CHAPTER 9 - Assault and Battery Section 240. In addition, the Penal Code includes specific code sections regarding battery against specified persons such as peace officers, police officers, firefighters, emergency response technicians, school employees, and others. While Battery, CA Penal Code 242 PC, is defined as willfully and unlawfully touching a person in a harmful and/or offensive manner. (e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a … Typically, penalties for simple assault can range from six … Copyright © 2021, Thomson Reuters. But, in fact, California assault and California battery are two distinct crimes. Crimes that can be prosecuted as either misdemeanors or felonies are often called “wobblers.” Choosing between felony and misdemeanor counts is usually left up to prosecutors, but judges may also make these decisions if they feel district attorneys are acting too harshly or too leniently.