Assault and Battery are not the same crime!
More often than not, the terms “assault,” and “battery” are either used together or interchangeably by the public. However, under California criminal law these terms are not used interchangeably. California recognizes assault and battery as two distinct crimes.
Firstly, it is highly important for you to understand what crime you are being charged with.
What is Assault?
California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Essentially, assault as defined by California Penal Code 240 is an attempted battery. For example, if one throws a punch at a person and misses then the crime charged would be assault.
For a defendant to be convicted in a criminal jury trial for assault under Penal Code 240, all the elements must be proven “beyond a reasonable doubt.”
The elements of criminal assault are:
- The defendant did something that was likely to result in the use of force against someone else;
- The defendant did so willfully;
- The defendant was aware of facts that would lead a reasonable person to believe that this act would directly and probably result in force being applied to the other person; and
- When the defendant acted, she or he had the ability to apply force to the other person.
The penalties for California assault under Penal Code 240, in most cases, include a fine of up to one thousand dollars ($1,000) and/or up to six (6) months in county jail.
Is Assault a Violent Crime?
In California, assault is considered a violent crime which may result in either a misdemeanor or a felony charge. The consequences of a conviction will vary based on the specific charge, the severity of the alleged act of assault (i.e. injuries), and the defendant’s past criminal record.
Whether it’s a misdemeanor or felony, either charge may result in jail time, fines, and restitution to the victim, counseling, and a mark on your criminal record for life jeopardizing some of your constitutional rights such as owning a firearm.
The most serious type of assault, assault with a deadly weapon, occurs when the means of force used in the assault has the potential to cause severe injuries to the victim. This may include almost any item that could lead to death, from a gun to a vehicle. Assault with a deadly weapon is considered a violent felony and may be counted as a strike if you are subject to the Three Strikes Law.
What is Battery?
California Penal Code 242defines Battery as, “any willful and unlawful use of force or violence upon the person of another.” This type of battery is usually referred to as “Simple Battery,” and is a misdemeanor charge.
Once the defendant uses actual force or violence against the victim, the crime being charged would change from assault to battery. Using the prior example, if one throws a punch at a person and actually lands the punch then the crime to be charged would be battery.
In California, even if you did not actually inflict an injury on the alleged victim, you may still be guilty of battery. The outcome is not important for this crime to be charged. All that is important is that you succeeded in touching him/her in a harmful or offensive manner.
For a defendant to be convicted in a criminal jury trial for battery under Penal Code 242, all the elements must be proven “beyond a reasonable doubt.”
The prosecution must prove the following elements in order to convict a defendant of simple battery:
- Intent: the defendant intended to make physical contact with the victim
- Physical Contact: the defendant made actual physical contact with the victim, the victim’s clothes, or something attached to the victim such as something in the victim’s hand
- Contact was violent, Painful, or Offensive: in addition to violent or painful contact, non-violent contact that is nonetheless offensive to the victim can be charged as battery
- No Consent: the victim did not somehow agree to the physical contact
The penalties for simple battery under Penal Code 242, in most cases, includes a fine of up to two thousand dollars ($2,000) and/or a county jail sentence of up to six (6) months.
Aggravated Battery (aka Felony Battery)
The primary difference between Aggravated Battery and Simple Battery is that aggravated battery requires that the victim suffered “serious” injuries. Aggravated battery is classified as a “violent felony” and may be charged as a “strike” under California’s Three Strikes Law.
In order for one to be convicted of aggravated battery under California Penal Code 243 the prosecution must prove the following elements:
- Intent: the defendant intended to make physical contact with the victim
- Physical Contact: the defendant made actual physical contact with the victim, the victim’s clothes, or something attached to the victim such as something in the victim’s hand
- Contact was violent, Painful, or Offensive: in addition to violent or painful contact, non-violent contact that is nonetheless offensive to the victim can be charged as battery
- No Consent: the victim did not somehow agree to the physical contact
- “Serious Bodily Injury”: the contact resulted in serious bodily injury based on the facts of the case, including injuries such as a broken bone, concussion, or an open wound.
The penalties for aggravated battery under Penal Code 243, in most cases, includes formal probation, up to one year in county jail OR two (2), three (3), or four (4) years in state prison, with a possible “strike” under California’s Three Strikes Law.
If you have been charged with assault or battery, you could face very serious penalties for conviction. Unfortunately there are many cases where false accusations are made against a person for many reasons; battery is one of these common accusations. With the help of the right attorney, you will be given the chance to fight the charges against you. Melody will offer hard-hitting defenses to your violent crimes case and will use her vast knowledge of criminal law in California to unravel the charges against you.
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Tarzana, CA 91356
Phone: (818) 305-5306
Email: Questions@RahimiLegal.com
