California Assault and Battery Charges

In most states, including California, assault and battery are separate criminal offenses. Because of the nature of the offense, assault charges and battery charges typically get filed together. There are degrees of both assault and battery, depending on how the defendant carried out the crime and whether the victim suffered serious injuries from the attack.

California Assault and Battery Laws and Charges

The state of California defines simple assault as “an unlawful attempt coupled with a present ability to commit a violent injury on the person of another.” All three elements of the crime must be proven to establish criminal assault.

Criminal assault cases differ from civil assault, which only requires an intent to cause apprehension of offensive contact. Unlike criminal assault, the threat involved in civil assault does not rise to the level of a crime.

Aggravated assault is an assault committed with a firearm or other deadly weapon. Assault with a deadly weapon or likely to cause great bodily injury can be a felony, depending on the type of weapon and the victim. Aggravated assault includes hazing and recklessly discharging a firearm at an occupied dwelling.

Battery and Aggravated Battery

Criminal battery is “any willful and unlawful use of force or violence upon another.” The crime of battery requires an application of physical force. Although physical injury is not required for a battery charge, the defendant must intentionally apply force. Spitting, poking, or punching are examples of criminal battery. This distinguishes criminal battery from civil battery, in which the slightest touching can justify a lawsuit if the victim believes the contact was offensive.

Aggravated battery, or battery causing serious bodily injury, may be charged in combination with assault with a deadly weapon. Aggravated battery is also a charge involving law enforcement officers (police officers, firefighters, and other peace officers), teachers, and road workers.

Sexual Assault

California refers to sexual assault as sexual battery. Unlike criminal assault and battery, sexual battery only requires intentional offensive touching of the victim’s private parts. Sexual battery in this section specifically excludes rape and child abuse. Sexual battery involves touching in an offensive manner only and does not include sexual penetration.

Penalties

Simple assault is a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. Simple battery carries the same penalties except for the fine, which can be up to $2,000.

Aggravated assault and aggravated battery are “wobblers” in California jurisprudence. They may be charged as misdemeanors or felonies, depending on aggravating and mitigating factors. Defendants may receive up to one year in county jail or up to three years in state prison, fines of up to $10,000, or both. Other possible sentences include probation, house arrest, community service, anger management classes, and victim restitution.

Sexual battery is a wobbler offense, depending on the nature of the crime and the victim. If charged as a felony, sentences can range up to four years’ imprisonment, fines of up to $10,000, or both. Felony convictions count towards California’s “three-strikes” law.

Defenses

Common defenses to charges of assault and battery can include:

• Self-defense: Any application of force against another is reasonable if used in defense of others or yourself. In California, you must prove that your belief of possible harm was reasonable and that the use of force was proportional to that used against you.
• Lack of intent or ability: Assault requires a present intent and an actual ability to commit bodily harm against the alleged victim. If you can demonstrate you lacked either element, then the crime could not have occurred.
• Consent: In some battery cases, actual or implied consent may negate the intent to harm. For example, pickup sporting events and even bar fights have elements of consent that can help create reasonable doubt.

Depending on your situation, other types of defenses may be available.

Get Legal Advice From a California Criminal Defense Attorney

Assault and battery are common criminal charges. If you’re facing allegations of one or both, consider getting legal advice from a California criminal defense attorney. They’ll examine the details of your case, discuss the potential penalties and defenses with you, and stand with you in court.