Assault and battery crimes can mean severe and life-changing penalties for those found guilty. A conviction could result in social stigma, incarceration, fines, and social and professional opportunities limitations. Additionally, it can be challenging to prove what occurred since the offense might have taken place in private when the alleged victim's allegation is the only evidence. Therefore, it is wise that you hire a skilled criminal defense lawyer. For many years, California Criminal Lawyer Group in Sacramento has fought the good fight for thousands of clients. We can employ a tenacious approach that involves investigation, filing motions, plea bargain negotiations, and analyzing case evidence to achieve the best possible case outcome. Here are some of the assault and battery crimes we have previously represented.

California Assault Laws

PC 240 defines assault as the illegal attempt, together with the present capability, to cause an injury to another person.

To be convicted of this crime, the prosecutor should prove the facts of the offense below:

  • The accused person engaged in conduct that would cause the application of force to another person.
  • The accused acted so willfully.
  • When acted so, the defendant knew the facts that could lead to a reasonable individual to think that the conduct could and probably lead to the use of force to the individual, and
  • When the defendant behaved so, they could use force against the victim.

As far as this statute is concerned, the legal phrase "application of force" means any offensive or harmful touching. Thus, even the least touching counts, provided it is executed in an offensive or rude manner.

An assault can happen even when the touching didn't or couldn't result in any injury. You can also be convicted even when you touched the victim using a substance to touch an alleged victim.

Moreover, you don't need to plan to apply force on the alleged victim to be found guilty of PC 240. You only need to have known that there is a possibility of your behavior leading to force being used.

Understanding the Difference Between Battery and Assault

More often than not, most people find the variation between battery and assault confusing and use the legal phrase "assault and battery," suggesting they mean one thing.

Well, they are different. The main variation is that assault is a behavior that might inflict unwanted touching or physical harm to another person. On the other hand, California battery is defined as inflicting violence or force on another person. So, in layman's language, assault is attempted battery, while California battery is completed assault.

Penalties of Violating PC 240 Laws

California assault is charged as a misdemeanor. It is punishable by the following penalties:

  • Summary probation.
  • A six-month jail sentence.
  • One thousand dollars in fines.

Beating Assault Charges

The word assault in your criminal record makes people believe that you are violent when you were probably found guilty of conduct that involved little violence. Fortunately, you or your experienced criminal defense lawyer can use one of the legal defenses below to beat the criminal charges:

  • You couldn't inflict violence or force.
  • You acted in defense of self or other persons.
  • You were falsely accused.
  • You didn't act with the required intent or willfully.

Assault With Caustic Chemicals

California Pc 244 makes it illegal to maliciously and willfully place or throw flammable or caustic substances on a person with an intent to disfigure or injure that person.

As far as this statute is concerned, a caustic chemical is any substance that can corrode or burn living tissues. Vitriol is a form of caustic substance referring to sulfuric acid and other related compounds. Additionally, PC 244 applies to a flammable substance that has a flashpoint that does not exceed 150 degrees Fahrenheit. Flashpoint is the least temperature at which a liquid's vapor can ignite. The lower the flashpoint, the easier the material ignites.

You act with malice when you engage in illegal conduct on purpose or act with the unlawful intent to defraud, annoy, injure, or disturb another person.

Penalties for Assault with Caustic Chemical

PC 244 is a California felony punishable by the following potential penalties:

  • Up to four years in state prison.
  • A maximum of ten thousand dollars in fines.

Instead of serving time, the judge could choose to impose formal (felony) probation. If sentenced to felony probation, you will serve one year in jail. However, you might still have to pay fines and comply with probation conditions like:

  • Meeting with an officer from the probation department regularly.
  • Paying restitution to the victim.
  • Participating in a group or individual therapy.
  • Performing community service.
  • Adherence to a restraining order to not harass or refrain from contacting the alleged victim.

Fighting Your Criminal Charges

There are numerous legal strategies that your defense lawyer could use to avoid your conviction, including:

  • You didn't act maliciously or willfully.
  • You didn't intend to disfigure or injure the alleged victim.
  • You acted in self-defense or defense of other persons.

Additionally, there are less severe versions of battery and assault laws like simple battery and assault with a deadly weapon that you can use in plea bargain negotiations. That means you will:

  • Serve less time.
  • Spend time in jail in place of state prison.
  • Increase the possibility of the court imposing probation instead of serving time.

Assault With a Deadly Weapon

Under PC 245(a)(1) makes it a crime to attempt to attack or attack somebody else with a deadly weapon or by means likely to cause significant bodily injury.

To be found guilty of this crime, the prosecution should establish that:

  • You performed conduct that would lead to the application of force to another person.
  • You performed the conduct using a force that was likely to cause great bodily injury or using a lethal weapon.
  • You performed the behavior willfully.
  • When you acted, you knew of facts that could cause a reasonable person to think that the behavior would probably and directly lead to applying force to that individual.
  • When you acted, you could apply force likely to produce great bodily harm or using a lethal weapon.

Please note that the victim doesn't have to be injured. The focus is whether your conduct could have led to the application of force.

A deadly weapon is an object or weapon that can cause great bodily injuries or death. Some of the obvious lethal weapons are knives and guns. Objects like a bottle, pencil, or unloaded gun can be deadly weapons if used in a manner that can lead to significant harm or kill a person.

California laws define significant bodily injuries as substantial physical injuries. It is something more than minor injuries. Examples of great bodily injuries include black eyes, lacerations, dog bites, broken bones, and gunshot wounds.

Penalties for Violating PC 245(a)(1) Laws

Assault with a deadly weapon would be a wobbler if the weapon involved weren't a firearm. A California wobbler is an offense that the prosecution can file as either a felony or a misdemeanor.

A misdemeanor is punishable by the following penalties:

  • Summary/misdemeanor probation.
  • A year in jail.
  • One thousand dollars in fines.

On the other hand, a felony carries the following consequences:

  • Formal probation.
  • Ten thousand dollars in fines.
  • Four years in California state prison.

Assault With a Deadly Weapon with a Firearm

If you commit the crime with an ordinary firearm like a pistol or revolver, you will be prosecuted with a California wobbler. The consequences are similar to those discussed above. However, a misdemeanor conviction carries a six-month jail sentence.

The conviction is a felony if the crime is committed with a:

  • Machinegun.
  • .50 BMG rifle, or
  • Semi-automatic firearm.

The consequences for the conviction can be twelve years in California state prison.

Assault With a Deadly Weapon (ADW) in a Firefighter or Police Officer

ADW is a California felony if:

  • The victim was a firefighter or peace officer, and
  • you knew or should have been aware of this.

In this case, you will spend five (5) years in California state prison. And if you committed the crime using a firearm, the sentence will be twelve years.

Assault on a Public Official

To be convicted of Penal Code section 217.1 PC, the prosecution must establish that:

  • you committed a California assault on a public officer or their immediate family member, and
  • you engaged in the conduct either in vengeance or to stop the official from performing their duties.

California law defines a public official as any of the below:

  • The U.S. president or vice president.
  • A governor of a United States territory or state.
  • A state, local justice, or federal former or current jury member or judge.
  • A referee or commissioner.
  • A director or secretary of an executive agency.
  • State or federal elected officials.
  • A former or current district attorney or prosecutor.
  • A former or current public defender.

The official's immediate family members can be their spouse, children, siblings, stepchildren, step siblings, stepparents, or parents.

Please note you cannot be found guilty of the crime if you assault a public official, but you did not intend to stop the official from performing their official job.

Sentencing and Penalties

Violating PC 217.1 is a California wobbler. Depending on the case facts and your criminal history, the prosecution can charge the crime either as a felony or a misdemeanor.

If prosecuted with a misdemeanor, the crime is punishable by one year in jail and up to one thousand dollars in fine. A felony, on the other hand, carries ten thousand dollars in fines and three years in jail.

Assault on a Peace Officer

PC 241(c) makes it unlawful for a person to assault a police officer or other public safety first responders performing their official duties. The statute is a type of aggravated assault.

The term "peace officer" includes:

  • California Highway Patrol officers.
  • Police officers.
  • Paramedic or emergency medical technicians.
  • Firefighters.
  • Lifeguard.
  • Traffic officer.
  • Process server.
  • Search and rescue member.
  • Nurses or doctors offering emergency medical attention.
  • Animal control officers.

Violation of the statute is a misdemeanor. If convicted, you will pay a fine of two thousand dollars and spend a maximum of one year in county jail. The crime does not have negative immigration consequences.

California Battery Laws

Per PC 242, battery is the illegal or willful application of force or violence on another person.

You might be charged with battery even when the alleged victim doesn't suffer pain or injuries. Offensively touching that individual is enough. That means touching that is violent, angry, disrespectful, and rude.

Consequences for Violating Simple Battery Laws

A battery crime that isn't committed on a law enforcer or a protected person and does not result in severe injuries is charged as a California misdemeanor. Its potential penalties are:

  • Summary (misdemeanor) probation.
  • A six-month county jail sentence.
  • Two thousand dollars in fines.

Legal Defenses to Battery Charges

An individual is permitted to apply force against another person to safeguard themselves or another person from being a victim of an offense or imminent injury. However, for the defense to be valid, you should not use more force or violence than reasonably required to defend against the risk.

If your physical contact was not intentional, you could use an accident as your defense. Battery requires the defendant to be willful during the contact.

Finally, a parent applying reasonable force when disciplining their baby is a valid legal defense. Nevertheless, if the force applied or the disciplinary method goes beyond what can be deemed reasonable, the parent could face a child abuse charge under PC 273d.

Battery Causing Serious Bodily Injury

PC 243d makes it unlawful to commit battery that results in serious bodily injury to somebody else. The crime is also called an aggravated battery.

One of the elements of the crime is the requirement that the alleged victim sustained serious bodily injury. A serious bodily injury is a severe impairment to the victim's physical condition, and it is not a must that the victim seeks medical attention for their injury. Some of the serious bodily injuries include:

  • Concussion.
  • Bone fracture.
  • Unconsciousness.
  • Protracted impairment or loss of a body organ or function.
  • Severe disfigurement.
  • A wound that requires extensive suturing.

However, whether an injury is a serious bodily injury is a question that the court determines in every individual case.

243d Penalties

Violating this law is a California wobbler.

If charged with a misdemeanor, you will face the following penalties:

  • One thousand dollars in fines.
  • A year in jail.
  • Misdemeanor probation.

A felony is punishable by:

  • Ten thousand dollars in fines.
  • A maximum of four years in jail.
  • Formal probation.

Additionally, if you're found guilty of a felony, you will lose your entitlement to own, possess, or purchase a firearm.

Great Bodily Injury Sentence Enhancement

You might face an enhanced criminal sentence for a felony aggravated battery if the court decides that the alleged sustained great bodily injury.

Great bodily injury is a significant physical injury. Serious bodily injury is a lesser standard than great bodily injury, and the judge will find not every 243(d) case to have resulted in great bodily injury.

Should the jury find that the victim's injury rose to great bodily harm, you will face an additional three to six years in California state prison, not forgetting your PC 243(d) sentence.

Battery on a Peace or Police Officer (PC 243(b) and PC 243(c))

You commit this crime when you illegally and willfully touch a peace offer or protected official in an offensive or harmful way.

The prosecution should establish the following to verify that you committed the crime in question:

  • The victim was a protected person performing their official duties.
  • You illegally and willfully touched the alleged victim offensively or harmfully.
  • When you committed the crime, you knew or should have known that your victim was a peace officer or a protected person doing their official duties.

As far as this statute is concerned, other protected persons include:

  • Paramedics.
  • Process server.
  • Animal control officers.
  • Probation department workers.
  • Medical practitioners offering emergency medical attention.
  • A lifeguard.
  • A firefighter.

Please note that touching that is done indirectly still counts. An indirect touch can be the defendant causing another person or a substance to touch the protected person.

Sentencing and Penalties

Violating PC 243 is a misdemeanor. If convicted, you will spend a year in jail and pay up to two thousand in fines.

However, if your conduct results in a physical injury on the peace officer that requires medical care, you will face a wobbler.

If charged with a California felony, you will face:

  • A fine of up to ten thousand dollars.
  • A three-year county jail sentence.

Can You Expunge Your PC 243 Conviction?

Yes, you can get the post-conviction relief that releases you from all consequences and disabilities originating from your conviction under Penal Code Section 1203.4.  However, that is possible provided you:

  • Have completed your probation (either misdemeanor probation or formal probation), and
  • aren't currently serving a sentence for your crime, on probation, or prosecuted with a crime.

Sexual Assault

Sometimes referred to as sexual battery, sexual assault is touching an intimate part of somebody else, against their will, for sexual arousal, abuse, or gratification.

An intimate part can be buttocks, sexual organs, groin, anus, or a female's breast.

Unlike rape, you don't require to engage in sexual intercourse or penetration to be found guilty. You can also be convicted even if you're currently in a sexual relationship with your accuser.

Additionally, sexual assault under Penal Code Section 243.4 addresses more aggravated types of sexual battery. These forms of sexual assault happen when the above definition is satisfied and on top of that, the victim:

  • Is illegally restrained by either the defendant or somebody else,
  • does not know of the conduct's nature since the defendant deceitfully represented that the touch has professional purposes,
  • is institutionalized for medical care and is severely medically incapacitated or disabled, or
  • is made to touch or masturbate the intimate parts of the perpetrator, an accomplice, or somebody else.

The last scenario is the only situation where the law identifies as a sexual assault if the defendant forces the victim to touch the defendant's intimate part instead of the accused touching theirs.

You illegally restrain a person when you regulate their freedom of movement by authority, acts, or words, and the restraint is against the victim's will.

Sexual Battery Penalties and Consequences

Sexual assault is a wobbler.

Misdemeanor Penalties

You will face a misdemeanor provided none of the aggravating factors highlighted above exists. Potential penalties include:

  • A six-month county jail sentence.
  • Two thousand dollars in fines or $ 3,000 if the victim was your worker.
  • Five years of informal probation, including community service, completing a batterer's education program, and registering as a tier one sex offender for ten years.

Felony Penalties

If any of the aggravating factors apply, you will be prosecuted with a wobbler.

If charged with a misdemeanor, your potential penalties will be those listed in the misdemeanor penalties section above. However, the court will enhance the maximum jail sentence to a year.

A felony is punishable by:

  • Felony/formal probation.
  • Up to four years in prison and an additional five years in prison if the victim suffered great bodily injuries.
  • Registering as a tier three sex offender for life.
  • Ten thousand dollars in fines.

Domestic Battery

Domestic battery is the California statute that makes it unlawful to apply force against an intimate partner.

Intimate partner can be any of the following:

  • A person you are in a sexual, intimate, or dating relationship.
  • A person you are living together with or cohabitating.
  • Spouse.
  • Fiancé or fiancée.
  • Your child's other parent.

Intimate partners could be partners in either a heterosexual or same-sex relationship.

Violating PC 243(e)(1) is a California misdemeanor that is punishable by a year in jail and a fine of $2,000.

Sometimes a judge can award you with misdemeanor probation in place of serving time in jail.

Contact a Seasoned Assault and Battery Attorney Near Me

Being charged and convicted of an assault or battery charge is something you wouldn't wish even to your worst enemy. The California judicial system can be unbearable, humiliating. It can result in monetary fines, community service, court costs, incarceration, and difficulty securing future employment and education opportunities. Fortunately, you can avoid or mitigate the life-altering consequences with skilled legal representation. The legal team at California Criminal Lawyer Group in Sacramento can review your case evidence, discuss the available options and the viable legal defenses based on the case circumstances to fight for your freedom and rights. Contact our office today at 916-775-7660 to schedule your initial consultation.