Battery vs. Assault

Posted By The Law Offices of Matthew Cargal || 11-Sep-2013

The laws for battery and assault will differ from state to state, but many times these terms are used synonymously when they are actually two different charges. The two charges often go hand in hand but that does not mean it is always the case. You may be charged for assault and battery, but you can also be charged for assault alone. Battery however, will require the inclusion of an assault charge, since the act of willful physical content included the intent involved in assault. It is important to know what you are being charged with and what the potential penalties are.

California Penal Code pc 242 lists battery as the act of willfully using force or violence against another person. This does not mean that the other person needs to be hurt for a charge to be made, but some time of unwanted physical contact occurred. Under California Penal Code 240, assault includes an attempt to cause harm, but the physical contact never actually had to have happened. It may have been threats or the clear sign that harm was intended and possible. Someone might attempt to harm another individual by trying to hit them, they instead miss and are taken into custody. This can include a charge for assault, since the intention was clear, but the physical contact was never made. When the prosecution is attempting to prove an instance of batter, they will have the responsibility of showing that you acted willfully, you used force and this was used against another individual.

Depending on the charge, the penalties can vary. A conviction for simple batter can lead to a $2,000 fine, six months in jail, three years' probation and community service. These penalties can be increased when a conviction is for aggravated battery. A conviction for assault is considered a misdemeanor offense and can lead to a fine of $1,000, six months in jail, community service, and the completion of a program. In order to fight against a charge, there are a number of defense options that should be pursued with the representation of a Pasadena criminal defense lawyer. Battery charges are falsely made many times, so don't think that a charge is the same as a conviction. One important defense is the argument against the use of will. The physical contact may have been an accident and if the will cannot be proven then the prosecution may not have a solid enough case.

Contact our office and speak with us about the details of your situation. We provide a free consultation so that you can have the guidance of a professional with the worry of the cost. Call today at 888-717-0139.

Categories: Violent Crime

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