Crimes Defined

Assault is defined as an unlawful attempt to inflict bodily injury upon another person. Threats and failed attempts to physically injure someone qualify as assault. Assault by itself can only be charged as a misdemeanor. However, there are other forms of assault:

• Sexual Assault and Battery: unwanted sexual contact without consent of the victim. This can result in jail or prison time as well as being forced to register as a sex offender for life.
• Assault on a Police Officer: this includes assault on a police officer, firefighter, EMT, or code enforcement officer.
• Assault with a Deadly Weapon: assault using any weapon other than a firearm in a means of force likely to cause severe bodily harm. This can be charged as a misdemeanor or felony. It is also counted as a “strike” under the Three Strikes Law. If a car is used as a deadly weapon, your license could be revoked for life.
• Assault with a Firearm: assault using a firearm, which may be charged as a misdemeanor
  or felony

Battery is defined as a willful and unlawful use of force or violence against another person or anything connected to that person. Any harmful or even merely offensive touch can be considered battery. This can result in misdemeanor or felony charges. There are also other forms of battery:

• Battery with Injury: battery resulting in serious bodily injury. This can be charged as either a misdemeanor or felony.
• Battery on a Police Officer
• Domestic Violence: bodily injury to a family member resulting in trauma
  • If the battery occurred in the context of a domestic relationship, the prosecutor will file domestic violence charges, as well as the battery charge
• Mayhem: disabling or disfiguring a victim’s body part, such as a cut lip, bitten ear,
  etc. This is charged as a felony
• Torture: battery resulting in extreme pain and suffering

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Penalties & Consequences

The penalties for misdemeanor or felony assault or battery could include any of the following:

• Jail or prison time
• Permanent criminal record
• Fines
• Probation or parole
• Mandatory anger management classes
• Losing your right to own a firearm
• Lifetime revocation of your California Driver’s License
• A strike towards the Three Strikes Law

The penalties for assault and battery are extremely severe. A third strike could result in a life sentence. Also, many employers shy away from hiring those with criminal records, especially for violent crimes. Our experienced lawyers will evaluate all possible defenses (including self-defense) and work towards getting your case dismissed. We will also explore alternatives to criminal prosecution, such as civil restitution, which will allow you to pay a fine while keeping your record clean. Call now for a free consultation.

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