California Assault & Battery Laws
Assaults are quite common but severely punished offenses in the state of California. We know that situations happen where emotions are high and mistakes are made. Often, if you are facing assault and battery charges, you are instantly treated like a criminal, without being given any benefit of the doubt.
As a group of experienced defense attorneys, we have helped many clients just like you, charged with assault in California. We know the stress you are under and the fear of the unknown that plagues your mind when you wonder what you could be facing. Could I go to jail? What will happen to me if I end up with a permanent criminal record?
We understand what you are going through, and can help you face the situation with some honest answers to your questions based on extensive criminal courtroom experience. We know what it will take to beat your charges. Putting your trust in an experienced and professional firm can lighten your load. Whether you were defending yourself in a bar fight or your actions were misinterpreted by police, we can help you sort through the criminal justice process.
Call for a free consultation on your California assault case today and see how a quality team of attorneys and professionals can put your mind at ease, help ensure your rights are protected and keep you informed at every stage of the game.
What is Assault under California Law?
There are several different classifications of assault under the California penal code, each with its own definition and unique potential sentence. The prosecution must prove beyond a reasonable doubt that the crime took place and that you committed it.
Simple Assault – Laws & Penalties
Simple assault is a misdemeanor and defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. This means that no injury or even contact has to have taken place for this offense to have occurred.
This misdemeanor offense can carry a sentence of up to $1,000 in fines and jail time of up to 6 months.
Simple Assault – California Penal Code Section 240-241
Simple Battery - Laws & Penalties
Simple battery can be charged as a misdemeanor or felony, a determination that is made by the judge. It is defined as any willful and unlawful use of force or violence upon another person.
This offense has a potential sentence of up to $2,000 and jail time up to 6 months.
Simple Battery California Penal Code Section 242-243
Assault with a Deadly Weapon - Laws & Penalties
Assault with a deadly weapon, other than a firearm, is considered a felony in the states of California. It is punishable by up to 4 years in state prison and fines up to $10,000.
You may be charged with this serious felony if the court believes you assaulted another person with a deadly weapon other than a firearm in a manner likely to produce great bodily harm,
Assault with a Deadly Weapon (not a firearm) California Penal Code Section 245
Assault with a Firearm
Unlike “assault with a deadly weapon”, assault with a firearm does not have to be committed “in a manner likely to produce bodily harm”. The mere possession of the firearm in the commission of an assault is enough to elevate the potential sentence in this crime.
This offense is also a felony that carries a potential $10,000 fine and 4 year prison term.
Assault with a Firearm: California Penal Code Section 244
All assault offenses have exception and inclusions. For instance, if the alleged assault took place on school grounds or the alleged victim was the driver of public transportation, the sentence can be elevated.
Navigating the complexities of California assault laws in the penal code can be extremely complicated. Contact us for a free case evaluation for help in determining what you are up against, and what we can to do help you.
Free Legal Consultation on California Assault & Battery Laws
When facing serious assault charges in the State of California, it only makes sense to have the best California defense lawyer you can get on your side. You want to feel confident that the people you surround yourself with have your best interests in mind.
We are committed to representing our clients to our very best ability and are dedicated to protecting you and your rights in the criminal justice system.
Find out if we are the attorneys for you by calling today.