02 Dec 22
In California, the crimes of assault and battery are often charged together. However, California law categorizes assault and battery as two different crimes. An assault and battery conviction can have significant repercussions, including jail terms and fines. If you face accusations of one or both of these offenses, you should not despair. Instead, you should challenge your charges and work to have them dismissed or reduced. You can only achieve this by seeking the services of a competent criminal defense attorney. An attorney will help you create the best defense to fight your charges.
The Difference Between Assault And Battery
Most people assume that the crimes of assault and battery are the same and often use the terms assault and battery interchangeably. However, while both assault and battery are offenses, they are not similar.
Typically, assault refers to an act of putting someone in a reasonable apprehension of harmful or offensive contact. On the other hand, battery refers to an action that inflicts harm or improper contact with another person. An assault is like an attempted battery, while a battery is a completed assault.
Assault Explained
Intentional actions that make someone else fear imminent physical harm or an attack amount to an assault. This action is an offense outlined under Penal Code 240 of California law. You could commit this offense even if your actions do not inflict physical harm to the victim. Penal Code 240 permits the police to arrest you without proving that the victim suffered bodily harm. Some of the actions that could amount to simple assault in California include:
- Throwing a glass at someone else
- Pushing someone else away from you in an argument
- Raising a fist at someone else and swinging
California law prohibits violence against other people. An act of trying to use force on someone else, intending to inflict harm on them, could lead to simple assault charges. The prosecutor could charge you even if you failed to inflict harm on the target person. If the prosecutor accuses you of simple assault, Penal Code 240 requires that the prosecutor prove the following elements:
- You did an act, which by its nature, would probably result in the application of force on another person.
- You did the act willfully.
- When you acted, you knew that your actions would lead a reasonable person to believe that the action would directly and probably result in applying force to that person.
- When you acted, you had the present ability to apply force to that person.
Use of force refers to any harmful or offensive touching. Under California laws, even a slight touch done rudely or offensively counts as a use of force. The touch needs to be direct. An indirect touch could also amount to an assault. For example, if you use an object to touch another person offensively, you could face assault charges. According to Penal Code 240, you do not need to apply force to face charges. You only need to take action with the potential of resulting in the application of force on the victim.
Willful action means acting intentionally or deliberately. However, the defendant does not need to have intended to break the law, inflict injury, or gain an undue advantage from the victim.
According to Penal Code 240, you do not need to have intended to apply force to another person to face charges under this statute. You only need to know that, under the circumstances, the application of force was likely a result of your actions.
Penalties For Simple Assault
Violation of Penal Code 240 in California is a misdemeanor offense. You could face these penalties:
- A fine that does not exceed $1,000
- Summary probation
- A jail term that does not exceed six months
You could face steeper penalties if you assault a victim that belongs to certain professional classes. You could face heightened punishment if you assault an individual engaged in carrying out their duties as:
- Process server
- Doctor or nurse providing emergency medical care
- Search and rescue member
- Animal control officer
- Peace officer (police or other law enforcement)
- Lifeguard
- Firefighter
- Emergency medical technical or paramedic
- Code enforcement officer
- Traffic officer
If you were aware or reasonably should have known that you assaulted a person that falls into the above category, then you could face these penalties:
- A fine that does not exceed $2,000
- A jail term that does not exceed one year
Your fine could also increase to $2,000 if you assaulted a parking control officer carrying out their duties.
Defenses To Penal Code 240 Charges
You could use the following defenses to contest your PC 240 charges in California:
No Willful Action
The prosecutor must provide sufficient evidence that you acted with a specific intent for you to face charges under PC 240. If the prosecutor fails to prove that you acted deliberately, your charges could be dismissed. The intent is the critical element of an assault case. You must intentionally interfere with someone else’s liberties or rights in a manner likely to inflict harm on them. The intent is determined when a reasonable person concludes that the actions could have inflicted injury to the victim.
This defense could only be valid where your actions were accidental or resulted from a misunderstanding. For example, you can accidentally trip on an object and push the victim. In this case, you can state that you did not act intentionally or on purpose.
You Lacked The Ability To Use Force
You can only be found guilty of violating Penal Code 240 if the prosecutor establishes that you have the present ability to apply force to the victim. Lacking the ability to use force on someone else is a defense that could sufficiently challenge your charges and result in a not-guilty verdict.
You Acted In Self-defense or Defense Of Others
This defense requires that your response match the perceived threat. It should be evident that your application of force on the victim was necessary to eliminate an imminent threat. Your attorney could argue as follows:
- You applied appropriate force, that is, no more force than was reasonably necessary to defend yourself or others against the perceived threat
- You believed you or the other person was facing an imminent danger of suffering bodily injury or unlawful touch.
- You believed the use of force was crucial to defend yourself or others against danger.
There are circumstances where you could use threatening words to protect yourself. However, no matter how offensive, words without action are not enough to justify an assault. For example, in the heat of an argument, you could shout at someone that you are going to shoot him/her. Your words do not amount to assault if no gun or other weapon is present or visible. Assault charges could apply if there was a gun or you took a step showing intent to carry out the threat.
False Accusation
It is common for the victim or witness to lie and falsely accuse you of assault. Their actions could be propagated by hatred, jealousy, or revenge for a perceived wrong. In other cases, a colleague could claim you assaulted them to eliminate competition from the workplace. If you consult an experienced attorney, the attorney will understand the motivation behind false allegations. Your attorney will present to the court the evidence that calls into question the validity of the witness or alleged victim.
Battery Explained
You could face battery charges according to PC 242 of California law, even if you barely came into contact with someone, provided the victim found your actions offensive. This act is a crime under California law, and battery charges can apply even if the person was not physically harmed. The crime of battery is defined under PC 242 as any willful and uninvited touching of another person. If the prosecutor accuses you of simple battery, the prosecutor must prove the following elements for you to face the charges:
- You touched another person.
- You did it willfully.
- In an offensive manner
You cannot face the charges if the prosecutor fails to establish the above elements. Under Penal Code 242, a battery charge does not require a violent beating. The prosecutor only needs to show that you were in unpleasantly close contact with the victim.
Touching Someone Else
The element of touching someone can only be valid if you make contact with another person. You do not need to hurt the person. The slightest touch can suffice for this conviction. You also need not make direct contact to face charges under this element. You risk committing battery if you use something to touch another person. Under California battery laws, touching any item tied closely to another person amounts to battery. For example, ripping off another person’s clothing is a form of battery.
Touching Someone Willfully
Willfully means that you decided to commit the crime, which led to the act of battery. Acting willfully does not necessarily mean you have a plan to harm the victim or to break the law. For example, you could pick up a lamp and toss it on the floor in an intense argument with another person. The lamp could hit the person’s leg in the process. In this case, you intended to toss the lamp in the person’s direction, even though you did not mean to hit or injure the person. You could face battery charges for this act because you were aware that the lamp could hit the person.
In An Offensive Manner
You can only face battery charges if your contact with another person is offensive. Any physical contact that is unpleasant, rude, violent, or offensive. Spitting at someone is one of the common forms of battery. Spitting at another person is objectively viewed as offensive, even if it does not hurt the person.
Examples Of Battery Offenses In California
- Approaching a woman you are interested in and taking her by her waist. You could be charged with a battery because of the unpleasant nature of the touch.
- Picking an object and throwing it at someone, hurting them in an intense argument. You could face battery charges because of hurling the object, which caused it to make unpleasant contact with someone else.
- For example, a parent is summoned to school because of their child’s behavior. Later the parent spits at the teacher after being upset by the teacher’s comments. The parent could face battery charges even if the saliva did not reach the teacher.
Aggravating Factors
Often, prosecutors prosecute simple battery as a misdemeanor. However, a battery conviction could lead to harsher penalties in some circumstances. These factors are known as aggravating factors and fall into three classes. The first class focuses on the nature of the battery victim. For example, you could face severe penalties if you commit battery on the following people:
- Traffic officer
- A firefighter
- Teacher
- Law enforcement officer
- Emergency medical technician
- Correctional officer
- Another member of a related public service occupation while actively doing their duties.
Second, if the alleged victim sustains serious physical injuries resulting from the crime, the prosecutor could handle your charges harshly, and you could face severe penalties. This aggravating factor seeks to determine the type of battery and its impact on the victim.
Lastly, this category focuses on the nature of the victim. You could face severe penalties if the victim is your spouse, ex-spouse, boyfriend, or ex-boyfriend. In addition, you could face domestic battery charges, which attract harsher penalties.
Penalties For Simple Battery
Often, in California, prosecutors charge a simple battery as a misdemeanor offense. However, this offense could also be charged as a felony when one or more aggravating factors are present. For example, battery perpetrated against a peace officer acting in the course of their duty or battery causing significant bodily injury could be charged as a felony.
If the prosecutor charges you with a misdemeanor, you could face these penalties:
- A fine that does not exceed $2,000
- Three years of a summary probation
- A jail term not exceeding one year in a county jail
If the prosecutor charges you with a misdemeanor domestic abuse battery, you could face these penalties:
- A fine that does not exceed $2,000
- Misdemeanor probation for three years
- A jail term of not more than one year in a county jail
If the prosecutor classifies the offense as felony battery against a peace officer that results in injury, you could face these penalties:
- A fine that does not exceed $10,000
- Formal probation for five years
- A jail term not exceeding three years in a state prison
If the prosecutor accuses you of felony battery that causes significant physical harm to someone else, you could face these penalties:
- A fine that does not exceed $10,000
- Formal probation of five years
- A jail term of 2, 3, or 4 years in a state prison
Also, pleading guilty or being charged with a misdemeanor battery could result in a permanent criminal record. The record could impact your life as you apply for school, jobs, and housing. This record could scare off potential landlords, employers, and teachers.
Defenses For Simple Battery
You can only fight simple battery charges by seeking the help of a professional criminal attorney. Some of the defenses you could present include the following:
You Did Not Act Maliciously
It is a serious crime for you to have malicious intent to commit battery under California Penal Code 242. However, you can only face the charges under this statute if you perpetrated the act willfully. You could allege that the act was accidental and that it was entirely unintentional.
You Acted In Self-Defense or Other People
This defense could be valid if the following factors are true:
- You used a reasonable amount of force that was necessary to protect you or the other person against harm
- You had reasonable belief that you or other people were in danger of sustaining bodily harm or unlawful touch
- You had a reasonable belief that immediate use of force was needed to protect yourself or other people against harm
Parental Right To Discipline A Child
In California, battery charges are often filed against parents in conjunction with Penal Code 273(d) child abuse. The parents’ actions against their children are often legal acts of discipline. You can counter your battery charges by alleging that you acted within your legal parental rights to discipline your child.
Crimes Charged Alongside Assault And Battery
Other crimes related to assault and battery in California include:
- Assault with a deadly weapon — Penal Code245(a)(1)
- Battery causing serious bodily injury — Penal Code 242
- Disturbing the peace — Penal Code 415
Find a Criminal Defense Attorney Near Me
If you or a loved one faces allegations of assault or battery, you should immediately contact an expert Van Nuys criminal attorney to represent and defend your rights. At Leah Legal, our criminal defense attorneys have successfully defended numerous clients facing assault or battery charges. We are equipped with the expertise and skills required to get the most favorable results for you. Contact us today at 818-484-1100 to talk to one of our attorneys.
