Though sometimes used interchangeably by people unfamiliar with the law, assault and battery are actually two different crimes. While assault, battery, and aggravated assault all involve intentional harm inflicted by one person onto another, there are differences between these three charges and the penalties you may face if you are convicted. If you have been charged with assault, battery, or aggravated assault, it is a good idea to speak with a knowledgeable attorney to make sure that you have someone on your side that knows how to fight these charges.
California criminal defense attorney Johann Hall has several years of experience fighting charges of assault, aggravated assault, and battery for his clients. Whether you are facing charges of assault, battery, or aggravated assault, attorney Johann Hall can help you aggressively fight back against these charges.
What is Assault?
Assault is an intentional act performed by one person which causes another person to have a reasonable fear that they are about to suffer harm. It is defined in the California penal code as “an unlawful attempt, coupled with the present ability, to commit a violent injury upon another person.”
While assault does not necessarily rise to the same level of a battery, it does allow for an individual who has taken steps to make another person fear that they are about to suffer imminent bodily harm subject to punishment. Because acts of assault are against the law, even if they do not meet the requirements of a battery charge, this gives police officers the option to intervene and arrest someone who has made a serious threat to someone else’s life or well-being before that potential victim suffers any bodily harm.
Assault is typically charged as a misdemeanor. If you are convicted of assault, you may be sentenced to county jail for up to six months, or you may be sentenced to a period of probation. You may also be required to pay a fine up to $1,000 and restitution to the victim. Restitution in this context means repaying the victim what he or she has lost. In these cases, if a judge orders restitution, it may be to compensate the victim for any medical bills related to the assault.
What is Aggravated Assault, and How is it Different from Assault?
You can be charged with aggravated assault rather than just assault under certain circumstances. For you to be convicted of aggravated assault, the prosecutor must prove that there was an aggravating circumstance involved in the alleged crime. For example, if the assault you are accused of committing involved a deadly weapon, this can cause the charge of assault to be elevated to aggravated assault. You can also be charged with aggravated assault if the assault you are accused of involved intent to commit a felony, like rape or murder.
While assault is charged as a misdemeanor, aggravated assault can be charged as either a misdemeanor or a felony, depending on the actual circumstances of your case. If convicted of aggravated assault, you may be sentenced to a period of probation or up to a year in jail, and you may also be required to pay a fine or restitution to the victim. If you are facing a felony charge for aggravated assault, the punishments will be harsher. Additionally, if convicted of a felony aggravated assault, this may have an impact on your future job and housing opportunities.
What is Battery?
Under California law, a person will be charged with battery if they willingly take a forceful or violent action toward another person. For battery, there must be actual physical contact. This differs from assault, as there is no physical contact needed for an assault charge. In a sense, battery is a completed assault.
Generally, battery will be charged as a misdemeanor; however, it can also be charged as a felony under certain circumstances. If you are convicted of a misdemeanor battery crime, you may face penalties that include up to six months in county jail or a period of probation, as well as a fine and restitution to be paid to the victim.
If you are accused of a battery that involves a peace officer, you may be charged with a separate battery crime under California Penal Code Section 243. A conviction for battery against a peace officer may result in harsher sentencing by the judge.
If you are facing criminal charges for assault, aggravated assault, or battery, contact California criminal defense attorney Johann Hall today at (707) 360-8717 or fill out our online contact form to schedule a consultation.
Frequently Asked Questions about Assault, Battery, and Aggravated Assault
What is the difference between assault and battery under California law?
Assault and battery are distinct charges. Assault involves an attempt or threat of violence, causing the victim to fear imminent harm, without physical contact. Battery, however, requires actual physical contact with the intent to harm. Essentially, battery is considered a completed assault. Understanding these differences can help you grasp the legal nuances of each charge.
What constitutes aggravated assault in California?
Aggravated assault involves circumstances that elevate the severity of a standard assault charge, such as the use of a deadly weapon or intent to commit a serious felony like rape or murder. Unlike simple assault, aggravated assault can be charged as either a misdemeanor or a felony, depending on the case specifics. Penalties for aggravated assault are typically more severe, reflecting the increased gravity of the crime.
What penalties can you face for an assault conviction in California?
Assault is usually charged as a misdemeanor in California. If convicted, you could face up to six months in county jail, probation, a fine up to $1,000, and restitution to the victim. Restitution might cover medical bills or other costs incurred by the victim due to the assault. The aim is to compensate the victim for their losses.
How does a battery charge differ from an assault charge in terms of penalties?
Battery is generally charged as a misdemeanor but can escalate to a felony under specific conditions, such as if the victim is a peace officer. Misdemeanor battery penalties can include up to six months in jail, probation, fines, and restitution. Felony battery charges, especially involving a peace officer, can result in more severe consequences, reflecting the seriousness of the offense.
Can you be charged with both assault and battery for the same incident?
Yes, you can face both assault and battery charges from a single incident. Assault refers to the threat or attempt to inflict harm, while battery involves actual physical contact. If your actions include both threatening and making contact with the victim, you might be charged with both crimes, each carrying its own penalties.
What defenses are available for assault and battery charges?
Several defenses can be employed against assault and battery charges, including self-defense, defense of others, lack of intent, and consent. For instance, if you acted to protect yourself or someone else from imminent harm, this could be a valid defense. Consulting with a knowledgeable attorney can help identify the most effective defense strategy for your case.
What should you do if charged with aggravated assault?
If charged with aggravated assault, it is crucial to seek legal representation immediately. An experienced criminal defense attorney can help you understand the charges, gather evidence, and develop a defense strategy. Early legal intervention can significantly impact the outcome of your case, potentially reducing charges or securing a more favorable plea deal.
How does intent affect assault and battery charges?
Intent plays a critical role in assault and battery cases. For an assault charge, the prosecutor must prove that you intended to cause fear of harm. In contrast, a battery charge requires proof of intent to make physical contact with harmful intent. The degree of intent can influence the severity of the charges and penalties.
Are there specific laws for assault and battery against peace officers?
Yes, California law imposes harsher penalties for assault and battery against peace officers. Under Penal Code Section 243, if you commit battery against a peace officer performing their duties, you could face enhanced charges and penalties, including longer jail time and higher fines. These laws aim to protect law enforcement personnel from harm while on duty.
What is the role of restitution in assault and battery cases?
Restitution is a court-ordered payment to compensate the victim for their losses resulting from the crime. In assault and battery cases, restitution may cover medical expenses, lost wages, and property damage. The goal is to financially restore the victim to the position they were in before the offense occurred.