Assault and Battery Charges: Know Your Rights and Legal Options
If you get arrested on suspicion of a crime, it is easy to feel like the whole world is assuming the worst about you, even though you know that, from a legal perspective, you are innocent until proven guilty. At least you know that your family and friends have your back, even though some of the things they say to make you feel better are less than reassuring. For example, they might tell you that it is easier to restore your voting rights after a felony conviction in California than it is in most other states. While this is true, you would rather not get felony charges at all. Likewise, your well-meaning family and friends might say, “You might be able to avoid jail time,” but they can’t promise this since they are not the ones negotiating a plea deal or handing down a sentence. They might even say, “At least it is not a violent crime charge,” but they might not be correct about that either. An assault charge is a violent crime case, even if you never made physical contact with the other person. A Whittier criminal law attorney can help you if you are being accused of assault, battery, or both.
What is the Difference Between Assault and Battery?
In ordinary speech, we often use the term “assault and battery” as one phrase, as if it is the name of one criminal offense. From a legal perspective, though, assault is one criminal charge, and battery is another. It is possible to get charged with assault but not battery or the other way around.
Assault is when you create an immediate threat of physical harm. Throwing a punch counts as assault, as does shaking your fist close to someone. If you do not make contact with the person, you will almost certainly face charges for assault but not battery. This is true if you merely made a threatening gesture at close range or if you tried to punch, kick, or slap the person, but he or she moved out of the way in time.
By contrast, the battery is any harmful or offensive touch, regardless of whether it causes physical injury. Hitting or kicking someone counts as battery, as does sexual harassment that involves physical contact.
What is a Wobbler Offense?
Simple assault is a misdemeanor, and the maximum sentence is a $2,000 fine plus six months in county jail. If you do not have any prior criminal convictions, and assault is the only charge you are facing, the chances are good that you can get a probation sentence instead of jail time.
By contrast, simple battery is a wobbler offense. This means that the prosecution has the right to decide whether to charge it as a misdemeanor offense or as a felony. Misdemeanor simple battery carries the same penalties as misdemeanor assault. If you get a felony conviction for battery, your sentence can include time in state prison. If you get convicted of felony battery, even if your sentence is probation instead of prison, you will still have a felony conviction on your record, with all of the consequences that this carries.
When is Assault Not Just Assault?
The most serious consequences for assault and battery occur if the charge is for aggravated assault or aggravated battery. These are felony charges, and they occur when the circumstances of the assault or battery make the crime worse than simply hitting someone or threatening to hit someone. The following are aggravating factors in assault and battery cases:
- The use of weapons
- The alleged victim is a minor
- The alleged victim is a law enforcement officer or other public servant, such as a postal employee
- The defendant and the alleged victim are family members or romantic partners, so the charge counts as domestic violence
- Serious injuries resulted from the battery
As with any criminal charge, you have the right to present defenses. You might argue that when you hit the person, or tried to, you were acting in self-defense; in other words, it was a physical fight in which you were not the aggressor. You might also argue that you were trying to stop the other person from physically attacking someone else. It may also be possible to argue that the prosecution’s evidence does not clearly prove that your actions met all the criteria for an assault or battery conviction.
Contact the Law Offices of Omar Gastelum About Assault and Battery Charges
A criminal law attorney can represent you in a case involving criminal charges of assault or battery. Contact the Law Offices of Omar Gastelum and Associates APLC in Whittier, California, to set up a consultation.
