Assault & Battery Lawyer
Assault & Battery
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What’s the Difference Between Assault & Battery?
In California, assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Basically, this means the primary difference between assault and battery is effectively the end result of the action. In simpler terms, the issue is whether the alleged assailant actually went through with their attempt or not. If the alleged assailant actually commits an injury, they will likely be charged with battery. An attempt to commit harm, but not actually doing so, is generally chargeable as assault.
Assault With a Deadly Weapon
Under California law, there are four types of battery and assault. Specifically, there are two specific assault criminal offenses and two specific battery criminal offenses, including:
- “Simple” Assault
- Assault with a Deadly Weapon
- “Simple” Battery
- Aggravated Battery
Simple Assault
Under California law, simple assault is defined as an unlawful threat or attempt to injure or physically harm another person, in combination with the actual ability to follow through on the threat or attempt.
Simple assault is a misdemeanor offense in California. If convicted, a defendant could be ordered to serve up to six months in jail and pay a fine of up to $1,000.
Assault With a Deadly Weapon
In California, assault with a deadly weapon can be charged when an assault is committed with a potentially lethal weapon, such as a gun or knife. In addition, an assault committed with sufficient force to cause “great bodily injury” could potentially be charged as assault with a deadly weapon.
For example, discharging a firearm at someone, attempting to stab someone with a knife, or ordering your attack dog to pounce on someone could all be charged as an assault with a deadly weapon.
The central issue is whether a potentially deadly weapon was used to make a threat of violence.
Under California law, assault with a deadly weapon can be charged as a misdemeanor offense or felony offense in California. Whether the charge rises to a felony depends largely on the specific circumstances and details of the alleged offense.
If convicted for assault with a deadly weapon, the penalties may include:
- When charged as a misdemeanor (but no firearm was actually discharged), a conviction may be punishable by having to serve up to one year in jail and having to pay a fine of up to $1,000.
- When charged as a misdemeanor (and a firearm is discharged), a conviction carries a minimum mandatory sentence of having to serve six months in jail.
- When assault with a deadly weapon is charged as a felony, a conviction may be punishable by having to serve up to four years in prison and having to pay a fine of up to $10,000.
Simple Battery
Under California law, “simple battery” is defined as intentionally and forcefully or violently touching another individual in an offensive or unwanted way.
It is important to note that you can still be charged with simple battery, even if you did not actually cause injury, harm, or pain to another individual. The key factor is whether you touched someone who did not want to or consent to being touched.
Simple battery is a misdemeanor offense in California. If convicted of simple battery, a defendant may be ordered to serve up to six months in jail and/or have to pay a fine of up to $2,000.
Aggravated Battery
In California, aggravated battery can be charged when someone suffers a “significant or substantial physical injury.” For example, if you grab someone’s arm and that results in the individual’s arm being broken, you could be charged with aggravated battery in California. Assault with a deadly weapon can also be charged as aggravated battery.
Aggravated battery may be charged as a misdemeanor offense or felony offense under California law.
If convicted of a felony offense, a defendant could be ordered to serve up to four years in prison. If convicted as a misdemeanor, a defendant could be ordered to serve up to one year in jail.
How Kevin Heaney Can Help You
If you were charged with assault and/or battery in California, you owe it to yourself to have a skilled assault lawyer and battery attorney on your side. Possessing decades of experience representing individuals who have been charged with a variety of criminal offenses, including assault and battery. Work with Kevin Heaney today.