Assault and battery are often used together, though they are separate offenses under the law. Assault occurs when you intentionally attempt to injure someone else physically. You can do so in many ways, including threatening acts and statements that could make the other person believe you are about to attack them. Assault does not involve physical contact between the perpetrator and the victim, but battery does. Battery occurs when you unlawfully and intentionally use violence or force against another person. While battery and assault are sometimes used interchangeably, prosecutors charge one or the other and not both.

You can face simple assault or battery charges or aggravated assault or battery charges. It all depends on the nature and seriousness of your actions. Understanding the details of your case can be challenging if you face assault or battery charges in Riverside. That is why hiring our team of skilled criminal defense lawyers at Riverside Criminal Attorney at the start of your legal process is an excellent idea. We will explain the details of your charges, what to expect, and your options. We will also take time to plan a solid defense against your charges for the most favorable outcome for your situation.

Legal Definitions of Assault and Battery

The law strongly prohibits violence against another person. You can face assault or battery charges if you exhibit violence against another person, even if you do not cause the other person to sustain a physical injury. Assault and battery laws are severe and can result in serious penalties upon conviction. A simple assault or battery charge is a misdemeanor, punishable by a maximum of six months in jail. But an aggravated assault or battery charge can result in felony charges, punishable by lengthy prison time and a hefty court fine. Working closely with a skilled criminal defense attorney could help you obtain a favorable outcome for your case.

Definition of Assault

PC 240 defines assault as the unlawful attempt by one person and the present ability to physically or violently injure another person. A simple assault charge is generally a misdemeanor. But the prosecutor can file felony charges in cases of aggravated assault. Here are examples of actions that could result in assault charges:

  • Throwing rocks at another person.
  • Angrily throwing a glass or bottle at another person in a bar.
  • Swinging at another person in an attempt to hit them, but they duck and avoid being hit.

The legal meaning of assault is in the components of the offense as provided under the law, which the prosecutor must demonstrate in court for the judge to deliver a guilty verdict. These elements are:

  • That you acted in a way that, in its nature, would likely result in the direct application of force against another person.
  • You acted willfully.
  • When you acted that way, you knew or wanted the other person to consider that your actions could result in the direct application of force to them.
  • You had the ability to use force or violence against the person.

It is necessary to understand each of these elements to know the legal meaning of your charges:

Force Application

Applying force to another person means touching the person in an offensive or harmful manner. Even a slight touch will suffice if you do it offensively or rudely.

You can still face assault charges even if your rude or offensive touch on another person does not result in any injury. Also, the touch does not need to be direct. You can touch a person indirectly using an object.

Example: Erica is in a foul mood as she shops for her college items. As she checks out, the shopkeeper is busy with another customer. Angrily, she pushes her shopping trolley against the other customer, who stumbles and falls. Even though the customer does not sustain injuries, Erica could be guilty of assault.

Remember that you do not need to apply force to another person to be guilty of assault. When filing your charges, the prosecutor considers that you acted in a way that could have resulted in applying force to another person.

For example, in the example above, Erica can still face prosecution even if the trolley does not push the customer to the ground. What matters is that she angrily pushed the trolley and could have injured the customer.

Acting Willfully

An assault charge will suffice if your actions are willful. But even so, you must not have intended to do any of the following:

  • Commit a crime.
  • Hurt the other person.
  • Gain an advantage over the other person.

Knowledge That Your Actions Could Result in the Application of Force

Remember that the assault law does not require you to have intended to use force or violence against another person. But you need to have known or realized that your actions could result in the application of force against another person.

For example, if you angrily throw a rock at another person without intending to hurt them, you must be aware that your actions can result in a physical injury if you hit the other person with the rock. Threatening another person with a gun would have the same results if the gun accidentally went off and the other person was in the bullet’s way.

Legal Definition of Battery

According to PC 242, battery occurs when you unlawfully and willfully use violence or force against another person. Your actions do not necessarily have to result in actual pain or physical injury for your charges to stand. But if your actions result in a significant bodily injury, the prosecutor will file charges under PC 243(d) instead of simple battery charges under PC 242. The legal meaning of battery is in the different elements of the offense that the prosecutor must prove for the judge to declare you guilty. These elements are:

  • That you acted unlawfully and willfully.
  • You used violence or force against another person, or
  • You touched the other person in an offensive or harmful manner.

Your touch does not need to cause the other person pain or injury for your charges to hold. Touching can also happen indirectly, through an object or another person.

Example: Justin is unhappy when his supervisor, Sammy, tells him he was not considered for the promotion. He angrily grabs a stapler from his desk and aims for the wall. Unfortunately, Sammy is in the way. The stapler hits Sammy on the forehead, causing minor bruising.

Justin’s actions are intentional and unlawful. Even though he does not wish to injure Sammy physically, his actions are violent and include an offensive or harmful touch with an object. In that case, Justin could be guilty of battery.

Difference Between Assault and Battery

Assault and battery are commonly used together to mean the same thing. But the law treats the two as separate offenses with distinct legal definitions and penalties. Here are the main differences between the two:

  • Assault is an act of unwanted touch on another person that can inflict physical injury.
  • Battery is the actual infliction of violence or physical force on another person.

The most direct way to explain this difference is that assault does not necessarily involve physical contact between the perpetrator and victim, but battery does. Thus, assault is an attempt to commit battery, while battery is a completed assault.

Penalties for Simple Assault and Battery

A simple assault charge is a misdemeanor, punishable by:

  • Misdemeanor or summary probation.
  • A maximum of six months in jail.
  • A court fine of $1,000.

A simple battery charge is an offense that does not cause severe bodily injury. It is also a misdemeanor, punishable by:

  • Misdemeanor or summary probation.
  • A maximum of six months in jail.
  • A maximum of $2,000 in court fines.

Penalties for Assault Involving Protected Persons

Under specific circumstances, the prosecutor can file simple assault charges against you for assault or battery, but with different consequences. For example, if you commit assault against emergency personnel, a police officer, or other protected persons, your penalties will be steeper. But the prosecutor must prove beyond a reasonable doubt that you committed an assault on a protected officer while the officer was in the line of duty. Protected officers include:

  • All peace officers, including law enforcement and police officers.
  • Firefighters.
  • Process servers.
  • Paramedics and emergency medical technicians.
  • Lifeguards.
  • Traffic officers.
  • Search and rescue members.
  • Code enforcement officers.
  • Animal control officers.
  • Doctors or nurses that provide emergency medical care.

If the victim of your assault falls into any of those lists, and you were aware of it or should have reasonably known they did, your sentence will increase to one year in jail and a court fine of $2,000. Your penalty will also increase if the victim of your assault is a parking control officer and you assaulted them in their line of duty.

Wobbler Assault

Some assault crimes are wobblers under the law. A wobbler offense can attract misdemeanor or felony charges, depending on the circumstances of your case. Examples of wobbler assault offenses include the following:

  • The assault of a custodial officer, like a corrections officer in prison or jail.
  • The assault of a police officer working in a school district.
  • The assault of a juror by one of the involved parties.

A felony assault is punishable by a maximum of four years in prison.

More Severe Penalties for Specific Battery Cases

A simple battery case is a straight misdemeanor. But specific battery cases attract more severe penalties, even though they fall under the simple battery category. It is because, just like in assault, the battery victim is vital in determining the seriousness of the offense and the likely penalty. For example, committing battery against a healthcare provider or a public worker while the victim is in their line of duty can result in more severe penalties. Examples of battery victims that could cause your penalties to escalate under this statute include:

  • Firefighters.
  • Public transit workers.
  • Lifeguards.
  • Animal control officers.
  • Probation department officers.

If you committed battery against a protected officer while in the line of duty and you knew or must have reasonably known that they were protected officers on duty, the judge can increase your penalties. The judge will also increase your penalties if the victim of your crime falls into any of the following categories:

  • A close partner or a particular family member.
  • A disabled adult or an elderly person.
  • A passenger in a public transport vehicle.
  • A person on public transport property or a public transport vehicle.
  • A highway worker.
  • A school employee in the line of duty.
  • A sports officer in the line of duty at a sports event.
  • A person on school property, a public park, or hospital grounds.

Wobbler Battery Offenses

Some battery crimes are wobbler offenses under the law. The prosecutor will charge these as misdemeanors or felonies, depending on the circumstances of your case or criminal history. Examples of wobbler battery offenses are:

  • Battery against a police officer while in the line of duty.
  • Battery against a jury by a party when the jury members are in an active case.
  • Battery against a public worker or a healthcare provider resulting in an injury that requires medical treatment.
  • Battery against a school worker while in the line of duty, resulting in an injury that requires medical treatment.
  • Battery against a school worker while in the line of duty in retaliation for disciplinary action taken against the perpetrator.

A felony battery conviction is punishable by a maximum of four years in prison and a court fine of $10,000.

Effect of a Conviction on our Gun Rights

Since felons are exempt from purchasing or possessing firearms in California, your gun rights will be impacted by a felony conviction for assault or battery. Depending on the circumstances of your case, you could lose your gun rights temporarily or permanently. If you are a gun collector, a hunter, or just an ordinary person who needs to protect yourself, losing your gun rights will significantly affect you. But you can fight your charges and defend your gun rights with the proper defense.

Expungement of Your Criminal Record

The impact of a criminal conviction on your life does not end after serving your time and paying all court fines. You will experience the consequences of a sentence as long as that record remains in your criminal history. Remember that criminal records are publicly available. Some people conduct background checks on people they are interested in to determine how to treat them. For example, landlords and potential employers.

But you can eliminate those negative consequences and disabilities by filing for expungement. You can enlist the help of your defense attorney right after completing your sentence.

Defending Yourself Against Assault and Battery Charges

After your arrest for assault or battery, you will have enough time to prepare for trial. During the trial, you are allowed to defend yourself against your charges to ensure that the outcome of your case is as fair as possible. You can hire a competent criminal defense attorney to help you with this. The good thing is that criminal attorneys have several legal defense tactics to use in assault and battery cases. If used well, these tactics could compel the judge to dismiss or reduce your charges. Here are some of the strategies that could help your case:

You Acted in Self Defense or Defense of Another Person

Self-defense is a widely used tactic that can change the outcome of your case if you face assault or battery charges. While it is unlawful to use unnecessary force or violence on another person, you are allowed to use reasonable force or violence if you are afraid for your or another person’s safety. But the judge will consider a few factors before accepting that you acted in self-defense.

For example, they must be convinced that you believed you or another person was in imminent danger. Someone must have threatened you with unlawful touching or bodily harm for you to have used force or violence against them. The judge must also be convinced that you believed using force or violence was necessary to protect yourself from the danger you faced at the time.

You must also demonstrate that you only used reasonable force under the circumstances to defend yourself or the other person against the danger you faced. If evidence shows you used more force or violence than necessary, the judge could find you guilty of your charges.

Your Actions Were Not Willful

The law against assault and battery requires you to have acted willfully for the prosecutor to file charges against you. You will have acted willfully if you threw a punch, grabbed a rock and threw it, or took a gun and pointed it at someone else. Willful actions are pretty straightforward to prove. But if the circumstances of your case demonstrate that your actions were merely accidental, the judge can dismiss your charges.

For example, you could have knocked someone down while rushing out of a parked room or hit someone with a rock that you were only trying to remove out of the way. The alleged victims in cases like these will cry battery, but you can present a solid defense to convince the court otherwise. A skilled attorney will know best how to explain this defense in court to persuade the judge to dismiss your charges.

You Were Exercising Your Parental Rights to Discipline Your Child

Your child can accuse you of battery if they are unhappy with how you discipline them. Remember that parents are lawfully allowed to discipline their children, provided that their discipline methods are reasonable and not excessive. If you face battery charges because you disciplined your child, you can cite your parental right to discipline your child as a defense. But your attorney must demonstrate those rights, arguing that parents can use physical force when disciplining their children. If you convince the judge that your actions were lawful and reasonable, the judge will dismiss your charges.

You Lacked the Present Ability to Inflict Violence or Force

Remember that one of the elements of assault is your present ability to inflict violence or force on the other person. If you threaten to hurt someone, you must have the current ability to carry out your threat for the person to fear for their safety. If you lack that ability, the prosecutor cannot prove your case beyond a reasonable doubt.

Example: In a heated argument, Josh (17) threatens to shoot Steve three times with a gun. Josh has no gun on his person, in his vehicle, or even at home. His parents do not even own a gun. In that case, the judge can dismiss the assault charges against Josh. Even if he issued a severe threat against Steve, he could not carry out the threat. His threat did not put Steve in fear for his safety.

You Were Falsely Accused

False accusations are very common in assault and battery cases. Someone can accuse you of assault or battery because they are angry with you, jealous of you, or trying to gain an advantage. False accusations are very common in assault cases because the alleged victim does not need a physical injury as proof of assault. An experienced attorney could have handled a similar case in the past. Thus, they will know what evidence to look for to ensure the jury hears and sees the truth. If successful, the judge will dismiss your charges.

Find an Experienced Criminal Defense Lawyer Near Me

Assault and battery are pretty serious offenses. If you face charges of assault or battery, you could make the legal process smoother by hiring an experienced criminal defense attorney. An attorney will help you in many other ways, including understanding and defending your rights, analyzing your options, and planning a solid defense against your charges.

Our criminal defense lawyers at Riverside Criminal Attorney work around the clock to ensure your case proceeds with fewer challenges. We believe you deserve a fair trial and the best possible outcome for your case. That is why we use the best defense tactics to fight your charges during the trial. Call us at 951-877-4204 after your arrest in Riverside. Allow us to study the details of your case for more informed legal support and advice.