Assault/Battery Defense Lawyer in Santa Ana

Assault and battery are legal terms that are often used interchangeably, but they are not the same thing. Battery is the use of force or violence and doesn’t necessarily need to cause injury. Assault is an attempt to use force or violence.

Understanding the difference between these two terms can help you make an informed decision about choosing your attorney and clarify what you should expect in your criminal case.

The Law Office of Sheny Gutierrez is happy to answer any questions you may have about your unique situation, and we offer free consultations in Orange County to discuss your case and our approach to criminal defense representation.

California Assault and Battery Explained

There are distinct differences in these two offenses that often impact the criminal charges and sentencing at conviction.

California Penal Code § 240 defines simple assault as an act that has the potential to inflict injury or unwanted contact upon another person. It does not require that any physical contact actually take place. Assault is sometimes referred to as an attempted battery.

While there is no specific statutory definition of aggravated assault, it is the term used to describe assault crimes that are more severe. Often, this designation occurs when a deadly weapon is used or the assault causes serious injury.

Penal Code § 242 states that battery occurs when force, violence, or physical contact is inflicted on another person. To be convicted of battery, you must have willfully touched someone in an offensive or harmful way. The other person does not need to be injured for battery to have occurred. Battery can include spitting on someone and touching them with an object. The physical contact must also be rude, angry, or violent.

There are two types of battery cases – simple and aggravated. The differences between them can be seen in any injury caused by each type, the penalties, the basic elements of both crimes, and the potential legal strategies for defense.

Simple battery is making purposeful, offensive physical contact with someone without causing injuries or only causing minor injuries. Aggravated battery is when willful force or contact causes serious bodily harm or force is used under aggravating circumstances, such as the use of a deadly weapon or harm to a vulnerable person.

The criminal justice system is not easy to navigate, and a California assault charge can lead to damaging consequences if you don’t have support from a qualified defense attorney. Our assault and battery lawyer in Santa Ana is ready to aggressively defend you and protect your rights to ensure a criminal charge has as little impact on your life as possible.

Penalties for Assault and Battery in California

The penalties for a battery charge include up to six months in county jail and a maximum of $2,000 in fines. Sentencing can become harsher if certain criteria are present, such as serious bodily injury occurs or if the alleged victim is a public servant.

Simple assault is a misdemeanor that may bring summary probation, up to six months in jail, and a maximum fine of $1,000.

Aggravated assault charges can be classified as misdemeanors or felonies, which greatly impacts the penalties. A misdemeanor can carry a sentence of up to one year in county jail, and a felony can result in a maximum of four years in state prison.

Common Defense Strategies

Your assault and battery attorney will use many strategies and approaches to create an individualized and viable defense for your case. Some common defenses that they may draw upon to tailor the strategy to your circumstances include proving you acted in self-defense or in defense of another person or showing that the assault or battery was an accident.