Battery and assault are commonly used together, though they are separate offenses in California. Both are serious crimes, attracting lengthy prison terms and hefty penalties for those found guilty. If you face assault or battery charges in California, CA, it helps to understand your case’s details and your options if you wish to avoid a conviction. At California Criminal Lawyer Group, we have a team of experienced criminal defense lawyers who can take up your case, guide you through the legal processes, and protect your rights against violation. Contact us today, and let us study your case to determine the best course of action and a strong defense. 

Legal Definition of California Assault & Battery

Battery and assault are two separate offenses commonly used together in California. Sometimes they can be confused and only separated when the details of a crime are provided. If you face charges for battery or assault, it is crucial to understand how your actions amounted to those charges and your options if you want the court to drop or reduce your charges. That is why you need to consider hiring an experienced criminal defense attorney. A skilled and experienced criminal attorney will know the best strategies to use in your defense to avoid the harsh penalties that come with a conviction.

To understand these two offenses better, let us separately look at their legal meaning:

Understanding California Assault

California assault laws are provided under Section 240 of the state’s Penal Code. Under this law, simple assault is defined as an illegal attempt to commit a forceful injury on another person, accompanied by a present ability to do so. Simple assault is convicted as a misdemeanor in the state, attracting a penalty of six months of jail time and fines of not more than $1,000.

However, it doesn’t mean that you are automatically convicted for assault after arrest. After filing charges against you in a criminal court, the prosecutor will be tasked to prove the following elements of the offense beyond a reasonable doubt for the jury to find you guilty:

  • That you committed an act, which by its characteristic is likely to result in the use of force against another person directly
  • That you committed the act willfully
  • That when you behaved so, you were well aware that your action would have led the other person to have confidence that you were using force against them
  • That when you behaved so, you possessed an ability to use force against the person

To understand the legal definition of this offense even more, let us break down some of the crucial elements:

Use of Force

Application or use of force is the main element of California simple assault. It refers to any offensive or harmful touch directed at another person. A slight touch will still count as assault if it was done in an offensive or rude manner. You can still be charged with assault even though the touch did not result in any kind of harm or injury. Note that the contact does not always have to be direct; it can be indirectly applied using an object.

Example: Joe gets into a heated argument with his neighbor, Sam. In the process, Joe loses his cool and pushes Sam to the ground. Joe can be charged with assault even if Sam does not incur any physical injury from the fall. 

Note that assault charges do not require the defendant to have succeeded in using force against the other person. What is necessary is that you acted in a manner that would have probably resulted in the application of force. In the example above, Joe can still be charged with assault even if Sam did not fall to the ground after the push.

A Willful Act

An assault offense requires the defendant to have acted willfully in using force against another person. To act willfully means to do something on purpose or willingly. However, it doesn’t mean that you had intended to commit an offense, hurt another person or gain an advantage over the alleged victim. 

Example: Sally will do anything to join a popular group in school. She approaches Linda, one of the group members to seek her help in joining the group. As part of her initiation process, Linda tells Sally that she must sneak up on their math teacher without being caught and pinch his ears. Sally does it during their lunch break. The math teacher is caught by surprise, and a commotion ensues before Sally runs out the door. Some students are passing by the teacher’s office, and upon hearing the commotion, they call the school security, who later calls in the police.

As it may seem, Sally’s act was willful, though not intended to harm the teacher or commit an offense. However, pinching the teacher’s ears can be considered an offensive act, which qualifies the entire act as assault. 

The Defendant’s Awareness that Their Actions Might Lead to Use of Force

It is important to remember that a defendant doesn’t have to have intended to use violence against another person for assault charges to apply. However, the law requires you to have known, under the given circumstances, that there was a possibility of using force against the person when you acted the way you did.

Example: When a person shoves another, there is a high chance that the other person will fall. In this case, the defendant may not have intended to push the victim down, but he/she was well aware that by shoving the victim, there was a likelihood that the push will cause the victim to fall.

Understanding California Battery Laws

California battery laws are provided under Section 242 of the state’s Penal Code. According to this law, a person commits battery when he/she willfully and unlawfully uses violence or force against another person. The offense can be charged as a misdemeanor or felony, depending on the circumstances of the case. For instance, if the victim suffered an injury, the defendant could face more penalties if found guilty of battery. All that is required is sufficient proof that the defendant touched another person offensively.

However, the prosecutor must prove beyond a reasonable doubt all the elements of this offense for the jury to find you guilty of the crime. These elements are:

  • That you touched another person
  • That the touch was done willfully
  • That the touch was done in an offensive or harmful manner

To understand the offense of battery even better, let us look at each of these elements in detail:

The Touch

The main element of the California battery is touch. The law only requires the defendant to have made physical contact with the other person for them to be charged with battery. Note that the touch may or may not have resulted in bodily injury. It means that even the slightest touch can support battery charges as long as it satisfies other offense elements. 

Example: Billy gets into an argument with his neighbor, John, over Billy playing loud music late into the night. Billy’s girlfriend, Natalie, follows their conversation closely, looking for a chance to defend Billy. John threatens to involve the police, but Natalie will not have it. She spits on John’s face and almost slaps him, but Billy gets hold of her. Spitting on john’s face may not seem a significant act, but it is the type of slight touch that can support California’s battery charges. 

The kind of touch required here need not be direct. An indirect touch like spitting on someone, touching them through their clothing, or using an object can amount to battery charges. For instance, writing derogatory terms on a person’s back without them noticing it could sustain California battery charges even though the offense is committed on the person’s clothing and by using a marker. 

Additionally, California courts have held that touching something intimately connected to another person could support battery charges, even though something is not directly related to the person’s body. For instance, knocking a glass off a person’s hand could be considered battery if done willfully and offensively. 

A Willful Act

A mere touch will not support battery charges if it is not willfully done, even though it was done offensively. A willful act is one that was done on purpose or willingly. However, it doesn’t have to be that the person intended to commit an offense, hurt the other person, or gain an advantage over the person. It means that you do not need to have planned to commit a battery offense to be charged with battery. But you must have intended to perform the act that resulted in the crime. 

Example: Ken and Derrick start an argument in a local bar downtown. A few minutes into the fight, Derrick loses his temper, picks up an empty bottle, and throws it towards Ken. The bottle hits Ken’s head before crashing on the floor. Fortunately, Ken escapes unhurt. If charged, Derrick can be found guilty of battery even though he did not intend to hurt Ken. The willful act of picking the bottle and throwing it towards Ken will support battery charges against Derrick. 

Acting in an Offensive or Harmful Manner

Lastly, an act must be done offensively or in an offensive manner to support California battery charges. An offensive or harmful act is violent, angry, disrespectful, or rude. 

Difference between California Battery and Assault

From the definitions above, there’s a close similarity between the two offenses. However, you cannot be charged with both battery and assault. The prosecutor must look into the details of your case to determine whether your actions amount to battery or assault charges. 

Assault refers to any action that might cause an unwanted touch or cause physical harm to another person. There are many variations of this offense, depending on the facts of the case. For example, a simple assault charge will carry less severe penalties than an assault involving a deadly weapon like a firearm or a dangerous chemical.

On the other hand, battery refers to the actual infliction of violence or force on another person. 

Note that assault does not necessarily include the actual physical touch between the offender and the victim, but battery does. Simply put, assault is more like attempted battery, and battery is a complete assault. 

Penalties for a California Assault & Battery Conviction

A simple battery offense is charged as a misdemeanor in California. A simple battery offense does not involve causing severe injuries to the other person, a protected officer, or a law enforcement officer. If found guilty of simple battery, you are likely to face the following penalties:

  • Summary or misdemeanor probation
  • A maximum of six months in jail
  • A maximum fine of $2,000

A simple assault offense is also charged as a misdemeanor in California, punishable by:

  • Summary or misdemeanor probation
  • A maximum of six months of jail time
  • Fines of not more than $1,000

Possible Legal Defenses for California Assault & Battery Charges

A California assault or battery conviction can be life-altering. Several aspects of your life will be changed, including your career and social life. That is why you need to engage the services of an experienced criminal defense lawyer. It is the only way to fight the charges you are facing effectively. An experienced attorney will advise and guide you through the legal process. He/she will also study the details of your case and then develop defense strategies that might compel the court to either reduce or drop your charges. Some of the defense strategies that could be used in your case include:

Self-Defense

Self-defense is a common and effective defense strategy to use in cases involving assault or battery.  You might have assaulted or battered another person in self-defense or defense of another person. However, this strategy will only be accepted in court and cause the court to drop your charges if the following statements are factual:

  • You were convinced that you or another person was in looming danger of incurring a physical injury or being unlawfully touched by the alleged victim.
  • You believed that using reasonable force against the alleged victim was required to defend yourself or the other person from being hurt.
  • The amount of force you used in self-defense or defense of another person was not more than required to protect yourself or the other person from imminent danger. 

In self-defense cases, the judge’s decision will be based on the amount of force you used against the alleged victim. If the court determines that the force used was necessary to protect yourself or another person from danger, the court will agree that you acted the way you did out of self-defense. Consequently, it will drop your charges.

However, if the court feels that you used more force than necessary, thereby bringing harm to the alleged victim, it might sustain your charges and consequently convict you of the underlying offense.

The role of your attorney is essential here. He/she must aggressively defend you against your charges to ensure that you are not receiving a conviction. An experienced attorney will know the right approach to use to have the court accept your defense.

You Didn’t Act Willfully

A primary requirement for both battery and assault charges in California is for the defendant to have acted willingly. As previously mentioned, a willful act is deliberate or done on purpose. If you didn’t willfully assault or batter the other person, the court might not find you guilty of the offense.

For instance, your actions could have been accidental. You might have accidentally knocked another person down or hurt them with an object without intending to. We live in busy times. People are distracted most of the time, and as a result, many have suffered accidents.

Some accidents are more severe than others. For example, hitting a colleague or spouse with an object, resulting in serious bodily injuries. 

The court will consider these factors before excusing your behavior:

  • If you had criminal intent to cause harm to the other person
  • If you acted negligently
  • If you were engaged in an illegal act when you caused the accident

Again, it helps to work alongside a criminal attorney who has handled similar cases in the past. He/she will know the right approach to use to have the court drop your charges.

You Were Exercising Your Parental Rights of Disciplining Your Child

Some battery cases in California are those brought against parents who are thought of as abusing their child/children, in violation of Section 273d of the California Penal code. When battery charges are brought against parents whose victims are their children, there is always a possibility that the parent is exercising his/her parental right of disciplining their child. 

It not unusual to find a parent facing charges for battery, assault, or child abuse while, in the real sense, he/she was merely disciplining a child. If that is your case, your attorney will only be tasked by the court to provide sufficient proof to support his/her defense.

In California, parents are permitted by law to apply physical force when disciplining their children. However, this physical force must always be reasonable and not in excess under the underlying circumstances. 

False Accusations

There are many cases of people who others have falsely accused for various reasons. Therefore, the court will not be surprised to hear that you are being accused falsely for battery or assault. One person can falsely blame another for assaulting or battering them out of jealousy, anger, or even desire for vengeance. A knowledgeable attorney will know the kind of evidence the court will need to accept this defense and grant you a pardon. 

California Assault & Battery Offenses and Related Charges 

California battery and assault charges can be brought together or in addition to the following charges:

Battery Resulting in Serious Bodily Harm, in violation of Section 243(d) of California Penal Code

If you commit battery, and as a result, you inflicted a severe physical injury on your victim, you are likely to face even stricter penalties under California laws. This offense is an aggravated form of battery.

As used under this law, a severe physical injury refers to any form of severe impairment of a person’s physical condition. It could be broken bones or even a concussion. 

In California, an aggravated battery offense is a wobbler, which means that the prosecutor can charge it as a misdemeanor or felony. The prosecutor’s decision is guided by the case’s facts and the defendant’s criminal history. 

If charged as a misdemeanor, you are likely to face a maximum of one year behind bars. But if charged as a felony, you could get two, three, or four years of prison time.

Battery or Assault on a Peace Officer

Sections 243(b) and 243(c) of the California Penal Code provide the laws against battery on a protected/peace officer while the officer is in line with his/her duty. A peace officer is any protected officer who discharges his/her responsibilities to the members of the public. It could be a police officer, a firefighter, lifeguard, security officer, and government employee.

Battering a peace officer and causing them bodily injuries could be charged as a felony, punishable by a maximum of three years in prison. 

On the other hand, laws against assaulting a public official are provided in Section 217.1 of the California Penal Code. An aggravated assault against a peace officer could be charged as a felony, punishable by up to three years of prison time. 

Find a California Criminal Lawyer Group Near Me

California has very stringent laws against assault and battery, mainly if the offense is directed towards a protected officer. The severity of your penalties upon conviction depends on the circumstances of your crime and your criminal history. If you face battery or assault charges in California, CA, it is advisable to contact an experienced criminal attorney. Your attorney will go through your arrest details to advise you and devise a defense plan against your charges. At California Criminal Lawyer Group, we have a team of skilled and experienced criminal defense lawyers who might help you navigate the legal system. Call us at 559-712-8377 and let us design the way forward for your case.