In California, violent crimes are taken seriously. As such, if you are facing charges for assault or battery, it’s imperative to understand not only what constitutes these offenses but also the penalties you can face if you are convicted. It’s also important to understand that, though they are similar, assault and battery are two separate offenses. If you are facing charges, the following blog and a Contra Costa County violent crime lawyer can help you explore your legal options.
Are Assault and Battery Two Different Charges?
Though they are often used interchangeably, it’s imperative to understand that assault and battery are two different crimes.
Assault is any attempt to commit unlawful, violent injury to another person, coupled with the present ability to do so. In short, you can face an assault charge for throwing a punch at another person, even if you do not make actual, physical contact with the person. So long as you could do so, attempted violence, and the victim was in reasonable fear of bodily harm, you could face assault charges.
Battery, on the other hand, occurs when actual physical contact is made. As such, any time you unlawfully use physical force against another person, it can constitute a battery offense. As such, if you throw a punch at another person and it makes contact, it is battery. It’s imperative to understand that the force does not need to be “great” to be considered battery. Something as simple as grabbing someone by the shoulder or spitting on them can constitute this offense.
What Penalties Can I Face?
The penalties for both battery and assault can be intense, with the penalties for battery being more intense due to the nature of the actual physical contact. Both crimes, when charged as simple offenses, are misdemeanors, and both carry the potential for up to six months in jail. However, the fines differ, with assault carrying up to $1,000, while battery can carry up to $2,000.
When the charges are elevated to aggravated offenses, meaning there were additional elements of the crime present, such as a vulnerable victim or significant bodily harm, the penalties can increase. Aggravated assault and aggravated battery are both wobbler offenses, meaning they can be charged as either a felony or a misdemeanor. As a misdemeanor, this carries up to one year in jail, while a felony charge can warrant up to four years in a state prison. A felony aggravated battery offense can also carry a fine of up to $10,000.
As you can see, the penalties for these offenses can be incredibly difficult. Unfortunately, navigating these charges on your own can be difficult, which is why it’s in your best interest to connect with an experienced attorney with O’Connor Law APC. Our firm will examine your circumstances to determine how to fight for the best possible outcome. Contact us today to learn how we can help you fight for you.
