Assault & Battery

Although they are technically separate offenses, assault and battery are frequently confused as one crime. While battery entails actual physical contact, assault refers to an intentional conduct that makes another person fear dangerous or offensive touch that could occur soon. These are significant charges with severe penalties and possible jail time.

Knowing the distinction between assault and battery charges is crucial when facing these charges. In many cases, the role of a criminal defense lawyer is critical. They analyze the evidence, challenge the prosecution’s case, and formulate a viable defense. All their efforts are being tailored to secure a favorable outcome.

Should you face assault and battery charges in San Diego, you can count on the Law Offices of Anna R. Yum. Our experience can significantly impact how your case turns out, protecting your rights and pursuing the best possible outcome. Let us examine the crimes in greater detail.

Assault and Battery As Outlined Under California Law

The distinction between battery and assault lies in the nature of the act. Battery entails actual physical contact, whereas assault involves a threat or attempt to inflict injury.

1. Assault

Assault, which falls into two categories:

• Simple assault
• Aggravated assault

According to Penal Code Section 240, simple assault occurs when you act to cause someone else to fear immediate bodily harm or unwanted contact. This action does not involve the use of a weapon or the intention of causing serious injury.

On the other hand, aggravated assault is the deliberate instilling of a fear of impending violence in another person. It involves more severe circumstances and can take various forms, each with its own set of laws, namely:

• Assault with intent to commit a felony — According to Penal Code Section 220, you will face aggravated assault charges when you assault another while intending to commit another felony, like rape or robbery. The additional criminal intent makes this type of assault aggravated.

• Assault on a public official — You will face charges under Penal Code 241 when you assault emergency medical personnel, law enforcement officers, and firefighters while they are discharging their official responsibilities.

• Assault using caustic chemicals — Section 244 of the Penal Code deals with assaults in which the intent is to cause harm or disfigurement to another person by throwing or applying caustic chemicals, like acid.

• Assault with a deadly weapon (ADW) — This offense is defined by Penal Code Section 245(a)(1) as using a deadly weapon or any other object that has the potential to cause serious injury. The intention and possibility of harm enhance the charge, even if the weapon does not inflict injury.

• Assault with a firearm — Because of the inherent risk that firearms pose, assaulting other individuals while using firearms will result in charges under Penal Code Section 245(a)(2), regardless of whether any injuries arise.

2. Battery

Similar to assault, there are two types of battery charges: simple and aggravated.

Simple battery occurs when someone purposefully makes unlawful physical contact that is harmful or offensive to another person but without serious injury or aggravating factors. Although this type of battery is less serious, an accusation could lead to charges under Penal Code 242.

Aggravated battery is a crime under PC 243. Several actions amount to aggravated battery. They include:

• Battery with serious bodily injury — Battery can be classified as aggravated if you inflict grave injuries like fractures or those that require medical attention.

• Battery on a protected person — Because of their role in maintaining public safety, certain people, like police officers, firefighters, or emergency medical personnel, are particularly vulnerable to battery at work.

• Battery with a deadly weapon — Using a lethal weapon or an item that has the potential to cause serious injury during a battery can also result in escalated battery charges.

Battery also extends to domestic situations, particularly:

• Domestic battery — Under Penal Code 243(e)(1), you commit domestic battery when it is directed to a spouse, partner, cohabitant, or any person with whom you have a close personal relationship.
• Sexual battery — According to Penal Code 243.4, sexual battery is the act of touching someone else’s intimate parts for gratification or sexual arousal without that person’s consent.

What Prosecutors Must Prove in Assault and Battery Cases

We have established that assault and battery are different crimes, so prosecutors must prove their case depending on the charges they pursue.

In assault cases, prosecutors must prove specific elements to secure your conviction:

• Intentional act — They must demonstrate that you acted intentionally, that is, you knowingly created another person’s reasonable fear of imminent harmful or offensive touch with another person.

• Reasonable fear — Your actions caused the victim to genuinely fear immediate physical harm or offensive contact. The fear must be reasonable, given the situation.

• Imminent threat — The threat was imminent, meaning it was immediate rather than something that could occur later.

• Absence of consent — The victim did not consent to the contact. If the victim consents, it may not be considered assault.

Prosecutors must meet this burden beyond a reasonable doubt. If they fail to do so, the jury may not convict you.

In contrast to assault cases, battery cases have different elements. Prosecutors in battery charges have to demonstrate the following:

• Intentional contact — They must demonstrate that you made deliberate physical contact with another individual. Assault deals with threats or anxieties, whereas battery calls for physical contact.

• Unlawful contact — The touch must have been unlawful. This means you did not have the victim’s permission or consent. Even minor or seemingly harmless contact can be considered battery if it is deemed offensive.

• Harmful or offensive — The contact must be harmful or offensive. It does not have to cause physical injury but must be something a reasonable person would find unacceptable.

What Amounts to Touching?

In battery instances, even a slight contact with the victim qualifies as touch. You can make direct contact with someone by using an object to make contact or indirectly through their clothing. The touch must be deliberate, though, so you had to act purposefully. However, this does not always imply that you meant to cause harm to someone, breach the law, or gain an advantage.

When you intentionally touch someone, even slightly, it can qualify as a battery if it is unlawful and offensive. The fact that you acted on purpose is what matters to the law. For example, if you poke someone through their clothing or use an object like a stick to make contact, these actions can be considered battery if they are harmful or offensive.

When is a Touch Deemed Offensive?

Touching someone in a rude, angry, or disrespectful manner becomes offensive and potentially violent.

You come across as abrupt, intrusive, or inconsiderate when you touch someone rudely. For example, grabbing someone’s arm roughly without his/her permission is usually considered rude and offensive. This makes the touch seem more unwelcome because you do not care about the other person’s comfort or personal space.

You usually intend to threaten, hurt, or act aggressively when you touch someone out of anger. Pushing someone during a fight is one instance of this kind of contact. Due to your underlying anger, the behavior becomes more insulting and even dangerous, making it inappropriate and intimidating.

When you touch someone disrespectfully, you demonstrate that you do not respect their personal boundaries or dignity. This includes acts like smacking someone’s face or making inappropriate physical approaches. Your impolite touches are frequently taken very offensively and go against the fundamental respect due to people.

Legal Defenses You Can Use in an Assault or Battery Case

You should contact a criminal defense attorney if you are under investigation for assault or battery or are facing these charges. Your attorney will then guide you on the appropriate course of action based on the circumstances of your case. He/she could use any of the following defenses to challenge the charges:

1. You Acted in Self Defense

Defending yourself or others is a common defense when facing assault or violence allegations. These arguments contend that your actions were appropriate despite their apparent aggression. You must prove that you were in immediate danger to use self-defense. This indicates that the threat you encountered was actual and present, not hypothetical. Your belief in this threat must be reasonable. In other words, a reasonable person in your circumstances would have felt threatened and required protective action. The force you employ must also be commensurate with the threat you encounter. Using extreme force in response to someone pushing you is not appropriate. Furthermore, unless you withdrew and the aggressor persisted in their threats against you, you usually cannot assert self-defense if you were the one who started the aggression.

The defense of others is based on similar principles.

Gather evidence, including witness statements, medical records, and injury photos, to use to bolster your defense. Your thorough description of what happened will also help demonstrate why your reaction was appropriate.

2. The Alleged Victim Consented

It can be a defense to claim that the accused victim gave permission for the contact, particularly in situations involving sexual assault or battery. The legality of physical contact is largely dependent on consent, and establishing that the claimed victim gave their consent can significantly impact the outcome of your case.

It is necessary to demonstrate that the victim of sexual assault gave his/her free and informed consent for the action. This indicates that no force or coercion was used to get permission. You can effectively refute the prosecution’s argument that the act was non-consensual and amounted to sexual assault if you can demonstrate the victim’s consent.

You must provide substantial proof of consent to support this defense. This may consist of:

• Statements from witnesses who were present and can attest to the nature of the interaction
• Emails, texts, or other exchanges demonstrating understanding between you and the alleged victim — Though your communication does not necessarily establish consent, it does help shed light on the nature of your relationship with the alleged victim.
• A clear and detailed description of how consent was given and the context of your interaction with the victim

Presenting this defense requires careful handling. However, an experienced attorney can effectively assert it.

3. You Were Falsely Accused

You can also assert that the charges are unjustified against claims of assault or battery, particularly in romantic relationships. There are many reasons why false charges occur, and being aware of these reasons will help you construct a strong case.

Intense emotions in romantic relationships might result in charges motivated by retaliation or rage. Someone could fabricate allegations to harm their partner following a breakup or tense disagreement. In other cases, people make false claims to have an advantage in court cases involving financial settlements or custody issues. In these situations, allegations are calculated to bolster the accuser’s position and undermine the accused’s credibility.

False allegations might also result from misunderstandings. Emotional times might cause people to misinterpret behaviors, making them think that a battery or assault occurred when it did not. This kind of charge stems from an incorrect interpretation of what happened.

You need to present clear evidence to refute these untrue assertions. Start by offering alibis to demonstrate that you were not present at the scene or that the timing of the charges is inconsistent with what happened. Receipts, witness accounts, and security camera footage can verify your location. It is important to obtain witness testimony because those who witnessed interactions between you and the accuser or who were present during the incident may have vital information to share. Presenting evidence, like text messages or social media posts, can also assist in disproving the allegations and elucidating the circumstances behind your exchanges.

Establishing your credibility further supports your defense. By providing evidence of your good behavior, professional reputation, or community activity, you can demonstrate that you are unlikely to have committed the accused offense.

Penalties for Assault or Battery

The penalties vary depending on the actual crime you are convicted of. However, the penalties increase in cases involving aggravating circumstances.

Penalties for Assault Cases

Simple Assault

Penal Code Section 240 classifies simple assault as a misdemeanor. You may be subject to the following punishments if found guilty:

• Spending time in county jail might last up to 6 months
• A fine of up to $1,000
• Probation in lieu of jail time

In some cases, the courts could also require you to:

• Regularly check in with your probation officer
• Community service
• Attend therapy and anger management classes
• Pay restitution fees to the victim

Assault With Intent to Commit a Felony

Heavy penalties apply to assault with the intent to commit a crime under PC 220:

• If you have planned to commit grave offenses like rape, mayhem, sodomy, or oral copulation, a conviction could result in 2, 4, or 6 years in state prison.
• You will face 5, 7, or 9 years of imprisonment if you assault a person under the age of 18 intending to commit rape, sodomy, oral copulation, or other related crimes.
• If you assault someone during a first-degree burglary with the intention of committing serious crimes, you could be sentenced to life in prison with the possibility of parole.
• Probation instead of jail time
• You can be required to register as a sex offender if the assault involves sexual offenses. This could result in long-term restrictions on your ability to live and work.

Assault on a Public Official

Assaulting a public official is a misdemeanor violation. If you are convicted, you face:

• Up to a year in county jail
• A maximum fine of $2,000
• Probation as opposed to jail time

Assault Using Caustic Chemicals

Assault with dangerous chemicals is a felony. Convictions result in the following penalties:

• 2, 3, or 4 years in a state prison
• Depending on the seriousness of the offense, the court may impose a fine of up to $10,000.
• The judge could impose felony (formal) probation in lieu of a prison sentence.

Assault With a Deadly Weapon (ADW)

Assault with a deadly weapon (ADW) is a wobbler violation, which means it can result in either a misdemeanor or a felony penalty. The details of the case and your criminal background will determine the charge.

If you are charged with a misdemeanor and found guilty, you could be subject to:

• Probation instead of jail time
• A year and a half in the county jail
• A $1,000 maximum fine

If you are charged and convicted of a felony, the penalties include:

• Probation for felonies.
• Up to 4 years in a state prison.
• A $10,000 maximum fine.

Assault With a Firearm

According to PC 245(a)(2), assault with a firearm is a “wobbler,” meaning it can result in either a misdemeanor or a felony penalty. Penalties differ according to the charge:

If found guilty of a misdemeanor, you may be subject to:

• Probation for misdemeanors
• A year and a half in the county jail
• A $1,000 maximum fine

If found guilty of a crime, you could be subject to the following:

• A term of two, three, or four years in a state prison
• A $10,000 maximum fine
• Felony probation could include requirements like community work, counseling, treatment program participation, and routine check-ins with a probation officer.

If the firearm was used in a threatening manner or resulted in serious injury, the court could impose severe sanctions.

Penalties for Battery Cases

Simple Battery

PC 242 classifies simple battery as a misdemeanor. In the event of a conviction, you might face the following penalties:

• A county jail sentence might last up to six months
• The maximum fine that the court could impose is $2,000
• You could be eligible for misdemeanor probation in lieu of jail time

Battery With Serious Bodily Injury

Battery resulting in significant physical injury is a wobbler offense. If found guilty of a misdemeanor, you may be subject to:

• One year in the county jail
• A maximum $1,000 fine
• Misdemeanor probation, which could require community service or attending anger management classes

If found guilty of a crime, you could be subject to:

• 2, 3, or 4 years in a state prison
• Up to a $10,000 fine
• Felony probation

Battery on a Protected Person

Battery against a peace officer or a protected person results in grave penalties upon conviction. The severity of the penalty is contingent upon the aggravating circumstances.

You may be charged with a misdemeanor if you assault a protected person without causing them any harm. You might get:

• One year in jail
• Up to a $2,000 fine
• Summary or misdemeanor probation

Injury Caused by Battery (PC 243(c)): Battery is a wobbler since it can be prosecuted as either a misdemeanor or a felony if it causes harm to the protected person. When found guilty of a misdemeanor, you could face:

• One year in jail
• Up to a $2,000 fine
• Probation for misdemeanors

When found guilty of a felony, you could face:

• 16 months, 2, or 3 years in state prison
• Up to a $10,000 fine
• Felony or formal probation

Battery With a Deadly Weapon

Battery with a deadly weapon is a wobbler offense that can result in a misdemeanor or felony conviction, depending on the specifics of the case and your prior criminal history.

If found guilty of a misdemeanor, you could be subject to:

• One year in jail
• A maximum $1,000 fine
• Misdemeanor probation

If found guilty of a crime, you can be subject to the following:

• 2, 3, or 4 years in a state prison
• Up to a $10,000 fine
• Felony probation

Domestic Battery

Domestic battery is a misdemeanor violation punishable by the following penalties:

• One year in jail.
• Up to a $2,000 fine
• Mandatory enrolment in a batterer’s treatment program
• Probation, which could involve counseling or community service

Sexual Battery

You could face charges for sexual battery as a felony or a misdemeanor. Among the penalties are:

For a misdemeanor violation:

• A year in county jail
• Up to a $2,000 fine
• Summary probation

For a felony violation, a conviction could result in:

• 2, 3, or 4 years in state prison
• Up to a $10,000 fine
• Felony probation

Find a San Diego Criminal Defense Attorney Near Me

Battery and assault charges have major repercussions that can drastically affect your life. Whether the allegations involve a minor incident or something more severe, the stakes are high. Your future may depend on how you respond to these accusations. Understanding your case and crafting a defense will significantly impact the outcome. Do not handle assault or battery charges by yourself. Seek expert help.

At the Law Offices of Anna R. Yum, we are ready to defend your rights, assist you in developing a winning defense, and lead you through the San Diego court system. Call us today at 619-493-3461 to secure the help you require and move toward a successful outcome.