The state of California has one of the strictest laws in the United States. If you are ever in the situation where you are accused of a crime in California, you must be familiar with the laws so that you can properly defend your case. We will go over assault and battery and explain the differences and similarities between the two.
Assault & Battery
Assault and battery are two very similar types of charges, but there are a few characteristics that differentiate the two. According to the letter of the law, California describes assault as a charge that involves a threat made and can be between 2 or more parties. Non-contact threats are usually considered assault. However, there is a grey area where, for example, spitting on someone is only considered assault and not battery, which involves physical contact. The victim of assault can press charges if they believe they were in danger of being harmed.
As stated earlier, battery is basically “assault on steroids”. For example, if someone directly launches at another person and punches them, that is considered battery. Usually, pictures of the injuries are used as evidence for battery and can ensue higher penalties.
Possible Penalties for Assault & Battery
Both assault and battery can be misdemeanors if they are small and do not cause significant injury and/or require no extensive medical attention. These types of cases usually avoid jail time and fines. However, if the injuries sustained by the victim of an assault and battery charge are extensive and require medical attention, then the penalties significantly increase. The harshest penalty for assault and battery is when the intention is to kill and a deadly weapon is used. This type of felony charge usually results in extensive jail time, especially for repeat offenders.
What to do?
The alleged criminal arrested for assault and/or battery is booked in the typical fashion. They will be detained and then taken to a judge on their hearing date and get more information on their bail and when the court date will be. People charged with assault and/or battery should work as hard as possible to get out of jail as fast as they can and contact a lawyer and gather evidence to defend their case or whether a plea deal would be a better outcome. However, getting out of jail should be the top priority when arrested for such charges.
If you find yourself in jail for Assault, call Avolevan Bail Bonds to help bail you out. A professional bail agent is available 24/7 at 909-721-8204