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,
- 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.
Speak with a Member of Our Team 24/7
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.