What Are Southern California Statutes on Assault and Battery?

Under Penal Code § 240, assault is a misdemeanor crime that doesn’t require you to hit your victim physically or even make contact with them to be convicted. It’s not even necessary for the victim to sustain an injury. However, the prosecution must show beyond a reasonable doubt that you acted intentionally in a manner that would physically cause physical force to harm another person.

Criminal justice attorneys in Southern California add that the prosecution must also demonstrate that you had the ability to impact the victim with physical force. Likewise, battery is also a misdemeanor crime under Penal Code § 242. Nonetheless, the prosecution must prove that you intentionally applied force against the victim or were violent against them to be convicted.

Types of Assault Charges

Orange County assault and battery lawyers explain that assault and battery charges have more specific versions, depending on the case circumstances. These include:

  • Assault with a deadly weapon, giving rise to significant bodily injury 
  • Assault with a stun gun or less deadly weapon 
  • Sexual battery 
  • Battery against a spouse 
  • Battery with serious bodily injury 
  • Battery against a law enforcement officer
  • Battery on a custodial officer 
  • Elder abuse 
  • Child Abuse 

Law enforcement agencies consider the following types of assault and aggravated assault charges as severe and violent crimes:

  • Assaulting a police officer 
  • Rape 
  • Assault causing bodily harm 
  • Withholding of sustenance for your spouse and children’s survival 

If you’re being charged with assault and battery, consult aggressive assault and battery attorneys in Orange County to help you beat the charges. A lot is at stake as the penalties are severe and can significantly increase depending on the case specifics. 

What are the Legal Consequences of an Assault and Battery Conviction?

In its simplest form, assault can be a Class C misdemeanor in California. For example, if you threaten or attempt to harm someone but don’t cause harm, the crime would constitute assault under state law. The penalty for the offense may include:

  • Up to 30 days in jail 
  • Fines of up to $500

However, if you make physical contact in any way, the incident escalates to battery. At the lowest misdemeanor level, simple battery charges that don’t result in serious bodily harm and not against a law enforcement officer or other protected person can attract the following penalties:

  • Up to six months in county jail
  • Fines of up to $20,000
  • Misdemeanor (summary) probation 

If you commit battery against a law enforcement officer or other public servant and cause injury, you risk facing charges for a more severe crime: battery against a public officer. This crime is a wobbler, meaning it can be charged as a misdemeanor or felony. Work with aggressive assault and battery lawyers in Orange County to beat the charges. 

Aggravating Factors

You risk heftier penalties if your case entails aggravating factors that make the charges more severe. For example, if you committed assault and battery using a deadly weapon or inflicted bodily injury, you would likely face felony charges. 

A conviction would earn you more penalties beyond those assigned by the court, including, but not limited to:

  • Many years in state prison 
  • Heavy fines 
  • Waiving of constitutional rights like the right to vote or own a firearm

How Can I Defend Myself Against Assault and Battery Charges?

With the risk of being slapped with hefty penalties, you must fight aggressively to defend yourself against the charges. Southern California criminal defense lawyers can help you develop a strategy to beat the charges effectively. Some effective defenses include

Self-Defense

You can claim self-defense when defending yourself against assault and battery charges, but you must prove the following elements to be successful:

  • You reasonably believed that you or someone else were in imminent danger of suffering bodily injury or death 
  • You reasonably believed that it was necessary to use force to defend yourself or another person against that danger 
  • The force you used was proportional to the type of threat you faced and which was necessary to defend yourself against the danger. 

You Did Not Act Willfully

While you may not have intended to harm the victim, you can be convicted under Penal Code 242 if you’re found to have acted willfully. In your defense, you must demonstrate that you didn’t act willfully and that the assault or battery was a complete accident.

The intricate details of this defense can be challenging to navigate, so retain skilled assault and battery lawyers in Orange County to help you create a solid defense.

Parental Right to Discipline a Child

You can face battery charges in connection with child abuse. However, the charges can be dropped or penalties reduced if you show that you acted within your rights to use corporal punishment. The law permits the use of physical force to discipline a child as long as the force is:

  • Reasonable 
  • Not excessive under the specific circumstances 

Before using any of these defenses, let experienced assault and battery attorneys in Orange County evaluate the case specifics and advise on the applicability of a specific strategy. 

A Skilled Criminal Defense Lawyer Defending You Against Assault and Battery Charges

If you are found guilty of assault and battery in California, you could face severe penalties. The penalties could be heftier if aggravating factors make the charges more complex. Defending against the charges can be an uphill task, but experienced assault and battery lawyers in Orange County can provide in-depth legal guidance.

The SoCal Law Network hosts aggressive criminal defense lawyers who can give the legal guidance and support you need at this challenging moment. We understand the ins and outs of the complex justice system and can fight to have the charges dropped or penalties reduced. Call us at 949-779-3799 to schedule a FREE consultation.