Assault 245/Battery 242 Charges

Riverside Assault Defense Lawyer: (951) 682-5110

An assault is an attempt to injure another person. Battery is the use of force or violence against another.

Assault and battery in California are serious crimes that carry stiff penalties, including:

• Fines
• Probation
• Incarceration in jail or prison

If you have been charged with any type of assault or battery in California, it is important to speak to an experienced Riverside assault battery defense attorney as soon as possible. At Blumenthal Law Offices, our attorneys can go to work immediately, protecting your constitutional rights, investigating your case, and working to minimize the negative consequences of these charges.

Assault & Battery: Two Different Crimes

There is a common misconception that assault and battery are one in the same since they are often charged together. However, assault and battery are two separate offenses. Even if you are charged with both crimes, it is important to understand the difference between these offenses and how they are charged and penalized. Our firm is fully prepared to explain what these charges entail and represent you if you have been arrested.

The Difference Between Assault & Battery

Assault is the act of attempting to cause harm or threatening another person with bodily injury or death, while battery entails actual physical contact with another person. Simple assault must involve the physical ability to cause the injury and is typically charged as a misdemeanor. Assault with a deadly weapon involves an effort to cause a serious injury or death using a lethal weapon. An attempt to cause a serious injury to a police officer, EMT, firefighter, or other public safety worker is considered an assault on an officer.

Because there are several degrees of assault, the penalties for a conviction can vary. Simple assault carries much less severe penalties than a crime against an officer or one with a deadly weapon.

Battery is the use of physical force to harm another individual. There are varying degrees of battery charges, including simple battery, battery on an officer, sexual battery, and domestic battery. In order to prove an act of battery took place, the prosecution must show that there was an intentional and unlawful use of violence and/or force. Acts of battery committed against an officer, or which involve the use of a deadly weapon, are punished severely.

The penalties for being charged with assault and battery may include:

• Time in county jail
• Time in state prison
• Community service
• Large fines

About Assault Charges

An assault can be a misdemeanor—a simple threat of violence—punishable by up to $1,000 in fines, six months in county jail, or both. Penalties are more severe when an assault is committed on school or park property, on public transportation, or involves a peace officer or teacher.

Conviction for an assault with a deadly weapon (California Penal Code 245) can result in four years in prison and a $10,000 fine or both.

About Battery Charges

Battery (California Penal Code 242) is punishable by a fine of up to $2,000, six months in county jail, or both.

Our attorneys have more than 100 years of combined legal experience to bring to bear on your case. We have the respect of the law enforcement community and have helped thousands of people just like you achieve a positive resolution to assault and battery charges in California. Please do not hesitate to contact us for aggressive criminal defense of all assault and battery charges.

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At Blumenthal Law Offices, we are committed to providing personalized and responsive services when you need them most, even outside of business hours. If you have a legal emergency and need to reach us, have peace of mind knowing that we have a 24/7 live answering service.