Simple Assault • Aggravated Assault • Sexual Battery
Aggravated Battery • Assault with a Deadly Weapon
Assault and Battery crimes are taken very seriously all across Los Angeles County as they are throughout California and bring harsh penalties to those who are convicted.
Assault is "the unlawful attempt to violently injure another person." Threats and attempts to physically injure someone qualify as an assault.
Battery is "unwanted touching or striking of another person, or anything connected to that person." Battery is a willful violent act which causes physical harm.
ASSAULT AND BATTERY LAWS in CALIFORNIA
Assault and Battery cases range from simple confrontations and bar fights to cases of domestic violence and assault and/or battery with a deadly weapon.
Under California criminal law, these offenses may be charged as misdemeanors or felonies, and include:
- Assault: (simple Assault) an unlawful attempt, coupled with present ability to commit a violent injury upon another person.
- Sexual assault and battery: unwanted sexual contact in which the victim did not consent to the act. In addition to county jail or state prison, a conviction could require that you become a registered sex offender for life.
- Assault on a police officer: an unlawful attempt to commit a violent injury upon a police officer, firefighter, EMT, Paramedic, or code enforcement officer.
- Assault with a Deadly Weapon: using a weapon (other than a firearm) of any kind by means of force likely to produce great bodily injury (GBI). A conviction for this offense may be considered a 'Strike" under the California Three Strikes Law. Use of a car as a deadly weapon could mean lifetime revocation of your California Driver's License.
- Assault with a firearm: an assault on another person with a firearm.
- Battery (simple Battery): willful and unlawful use of force or violence against another person.
- Battery with Injury: A battery that is committed against another person and serious bodily injury occurs.
- Battery on a police officer: intentional and unlawful touching, striking, or hitting of a police officer.
- Domestic Violence: corporal bodily injury to a family member or a party one has been living with, resulting in a traumatic condition.
- Mayhem: disabling or disfiguring a victim's body part such as a cut lip, injured eye, bitten ear, etc.
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Torture: causing cruel or extreme pain or suffering by inflicting great bodily injury.
THE CONSEQUENCES ARE SERIOUS
Whether you're convicted of a misdemeanor or felony assault or battery, you could face any or all of the following:
- County jail or state prison time
- A permanent criminal record
- Significant fines
- Probation
- Parole
- Mandatory anger management classes
- Losing your right to own a deadly weapon
- Being turned down for employment after you're released
- Lifetime revocation of your California Driver's License
Assault and battery convictions can be charged as "Strikes" in California and fall under the Three Strikes Law. This means your sentencing will be worse if you had prior assault and battery convictions (or any other convictions such as drug or weapons possession); or you were on probation or parole at the time of the crime. A convicted felon with a prior strike will face a doubled prison sentence for any future strike convictions.
Plus, any conditions that might make the assault and battery crime worse, such as torture or use of a gun, will elevate the punishment.
AN AGGRESSIVE DEFENSE IS CRITICAL
If you've been accused or charged with assault and battery, there may be any number of defenses or mitigating factors, such as self defense or lack of intent. Your case may even be dismissed depending on the evidence. But the only way you can explore these possibilities is by hiring an attorney with knowledge of the complex California assault and battery laws and who will look at every possible argument.
