Assault and Battery

Assault and battery are crimes that many people often have difficulty distinguishing between the two criminal charges. Assault and battery are confusing as to which offense may have been committed since both offenses tend to occur contemporaneously in time. Accordingly, both assault and battery are typically prosecuted at the same time and in the same case. Basically, assault involves the act of threatening to injure someone, whereas battery is the actual physical act of violence.

California Penal Code Section 240 defines Assault as follows: An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. California Penal Code Section 241 provides for punishment as follows: 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

California Penal Code Section 242 defines Battery as follows: A battery is any willful and unlawful use of force or violence upon the person of another. California Penal Code Section 243 provides for punishment as follows: (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

In addition you may be charged with an aggravated battery where you used a deadly weapon (any ordinary object may become a deadly weapon depending on how it is used during the alleged incident), or where serious bodily injury may have occurred, or where the victim is someone with a special classification such as a child, woman, or police officer.

There are defenses to the charges of assault and battery. Some common defenses include:

Consent:
Prevention of a crime:
Self Defense:
Defense of others:
Defense of Property:

If you are falsely charged with either an assault or battery please contact a lawyer for assistance. At the Brewer Law firm, criminal defense attorney Mike Brewer has extensive experience with assault and battery cases. As a former prosecutor Mike Brewer has prosecuted numerous assault and battery cases and as a result knows how a prosecutor views and prosecutes these very serious charges. In addition prior to going into private practice, Attorney Mike Brewer was public defender who zealously represented numerous assault and battery type cases. Please feel free contact a criminal defense attorney for more information and to arrange for a consultation with an experienced, skilled and well respected criminal defense attorney who can analyze the criminal charges brought against you and zealously represent your interests.

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