Although many people use the phrase “assault and battery,” these are two separate criminal offenses under California law. Assault can be described as an attempt to use force or violence on another person. Battery is the act of using force or violence itself, and this can include making unwanted contact with another person. Even if an alleged victim sustained no physical trauma from assault or battery, the person accused of attempting or threatening to harm them—or touching them without their consent—could face criminal charges. These offenses are considered violent crimes and are harshly punished in California.
Southwest Legal is here to defend your interests in the face of assault and/or battery charges. Our Banning criminal defense lawyers have been fighting for clients in Southern California for more than 30 years, and we know what’s at stake. We are committed to using our experience and skill to help our clients avoid convictions and penalties for assault, battery, and all misdemeanor or felony offenses.
Under California Penal Code 240-248, simple battery is a misdemeanor in California, punishable by up to 6 months in jail and a fine of up to $2,000. Simple assault is also a misdemeanor, with the same penalties. In certain circumstances, however, these can be charged as felonies with enhanced penalties. For example, battery causing serious bodily injury is a felony punishable by up to four years in prison.
Several factors may influence the severity of assault and battery charges:
- Whether the defendant was in possession of or used a gun or other deadly weapon.
- Whether the alleged victim was a police officer, firefighter, or another public servant.
- Whether the act was considered a hate crime.
- Whether the alleged victim was a family member or romantic partner (current or former).
- The extent of injury, if any, the alleged victim experienced.
- Any prior assault and/or battery convictions.
If you are facing the possibility of criminal charges, do not wait to involve a Banning assault and battery lawyer at Southwest Legal. We can take on any case of this kind with the level of commitment it deserves, and we have the hands-on experience to know what approach will yield the best results.
"After I spoke with him, I appreciated his straightforward no-nonsense approach and hired him."Thomas W.
"I hope I never get a ticket ever again but if I do Southwest Legal will be the first person I call."Charles W.
"Southwest Legal took care of it, got the hold off my license since the car is registered to me and got the citation dismissed."Robert G.
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