How Long Can You Go to Jail for Assault and Battery in California?

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How long can you go to jail for assault and battery? In California, assault and battery are two separate crimes.

While you can be charged for both or one, the amount of jail time depends on the severity of the offense and the class of the victim.

In California, criminal assault is an act that might result in physical harm to another person.

On the other hand, battery is a criminal offense that results in touching and usually physical harm to another person.

Additionally, if the victim is in a protected class, such as a police officer, firefighter, EMT, elderly person, or family member, you could face increased jail time.

If you have been charged with criminal assault and/or battery in California, you should contact an experienced assault and battery defense attorney as soon as possible.

The Law Office of Kerry Armstrong, APLC may be able to reduce or drop your charges.

Call (619) 234-2300 or send us an online message for help.

Types of Assault and its Punishments in California

Simple Assault

Under California Penal Code section 240, simple assault is the unlawful threat of bodily harm to another person.

For example, raising your fist toward someone’s face as if you’re going to strike them constitutes simple assault.

In California, simple assault is a misdemeanor with a penalty of up to six months in jail and/or a fine up to $1,000.

Assault with a Deadly Weapon

Assault with a deadly weapon is threatening someone with serious bodily harm with a firearm, knife, or another deadly weapon.

In California, assault with a deadly weapon is classified as a “wobbler.” This means that the state can charge the crime either as a misdemeanor or a felony.

The degree of the charge depends on the circumstances of your case. A first degree charge typically carries a longer sentence and punishment compared to a second or third degree assault charge.

A misdemeanor assault with a deadly weapon charge carries a penalty of up to one year in jail and/or a fine of up to $1,000.

The penalties for a felony charge are up to four years in prison and/or a fine of up to $10,000.

With extensive knowledge of criminal law in California, the Law Offices of Kerry Armstrong, APLC can review your case and ensure that nothing is overlooked.

Types of Battery and its Punishments in California

Simple Battery

What is the battery law in CA? Under California Penal Code section 242, simple battery is any willful and unlawful use of force or violence committed on another person.

For example, raising your fist towards someone and actually striking them constitutes battery.

Simple battery is a misdemeanor with a punishment of up to six months in jail and/or a fine of up to $2,000.

Battery Causing Serious Bodily Injury

A battery causing serious bodily injury is a battery that results in more serious bodily injury to the victim.

However, the victim’s injury does not need to be so severe that it necessarily requires medical treatment.  In fact, a mere loss of consciousness is sufficient to constitute a serious bodily injury.  

Battery causing serious bodily injury is classified as a “wobbler.” A misdemeanor battery causing serious bodily injury charge results in a penalty of up to one year of jail time and/or a fine of up to $1,000.

A felony charge carries a penalty of up to four years in prison and/or up to a $10,000 fine.

The Difference Between Assault vs. Battery Charges

How To Get An Assault And Battery Charge Dropped

If you have been charged with criminal assault and/or battery in California, hiring a criminal defense lawyer is your best chance at having your charges potentially reduced or dropped.

If applicable, an attorney can raise defenses including:

  • Self-defense,
  • Defense of others,
  • Defense of the home, or
  • Consent.

Additionally, a criminal defense attorney in San Diego can help you navigate the complex and intimidating criminal justice system.

Tell Us Your Story. Contact an Experienced Criminal Defense Attorney Today.

The experienced California criminal defense attorneys at the Law Offices of Kerry L. Armstrong, APLC, will do whatever we can to protect your rights, freedom, and future.

Contact us online or call (619) 234-2300 today to schedule your free consultation.

Where You Can Find Our San Diego Office

Author Photo

Kerry L. Armstrong

 

Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.