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
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.