Under California Penal Code 242 PC, assault and battery are defined as two separate and ultimately different charges. Under Penal Code 242 PC, unlawful and with intent of use of force or violence towards another person is deemed “simple battery”. If a victim is touched in any way that can be deemed offensive, even if it does not cause the victim pain, it can be classified as battery. Assault is classified as “attempted battery” or a possible action that may inflict harm physically. Battery is the actual infliction of the intent to harm.
The penalties for battery in the state of California may result in a fine of up to $2000 and/or up to 6 months spent in a county jail. If the defendant is charged with Battery Causing Serious Bodily Injury, under Penal Code 243(d) PC, the fine raises to up to $1,000 1 year in a county jail. If the felony conviction is aggravated battery, the fine may be up to $1000 and up to two, three or four years in county jail. A simple battery charge results in being charged with a misdemeanor with fines of up to $2000 and/or up to 6 months in county jail. If battery is committed against an EMT, firefighter, police offer or any public worker, battery on a peace/police officer will be charged. This charge is a part of the “wobbler” law, which entails the prosecution deciding whether or not it will be charged as a misdemeanor or felony.
There are several different types of assault and battery charges. Domestic battery entails the physical abuse of a spouse or former spouse, the father or mother of defendant’s child, a cohabitant or former cohabitant, fiancé or former fiancé or a person with whom there was a previous relation with. These charges carry a fine of up to $2000 and possible incarceration of up to 1 year in county jail. Defendants are mandated to register in a batterer’s treatment program from at least one year as well. Sexual battery can be deemed a misdemeanor or a felony. It is comprised of the touching of an “intimate area” for the purpose of arousal, unlawfully. The penalty is up to 6 months or 1 year in jail with a felony of sexual battery resulting in 2, 3 or 4 years in a state prison. The defendant will then become a part of California’s sex offender registry.
Elder abuse is another form of assault and battery. Under Penal Code 368 PC, California’s elder abuse law, it is illegal to willingly or even negligently cause mental anguish or physical harm to a person 65 years of age or older. If defendant is charged of committing battery against someone over the age of 65, both Penal Codes 242 and 368 will be charged. This type of abuse is subject to the “wobbler law” as well, dependent on the situation, may be deemed either misdemeanor or felony. Penalties include up to 2, 3, or 4 years in state prison with up to $6000 worth of fines if indicted as a felony.
There are several legal defenses with regard to assault and battery charges. The most common legal defense is self-defense of defense of other. This entails that the battery was a direct result of protecting oneself or another person. Another common legal defense is that the action was not willful. Another alternative is that the defendant can claim they were acting within their rights to discipline their child rationally and sensibly.
The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all assault and battery crime convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.