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Assault and Battery

The Law Offices of Sandra Nassar, A Professional Corporation handles all types of assault and battery crimes. If you are charged with these types of crimes, then you should contact an Orange County assault and battery lawyer that knows how to defend you against the charges. If you have any questions, contact the Law Offices of Sandra Nassar, A Professional Corporation at 800-260-2026.

Assault and Battery Charges

In California, assault and battery are criminal charges when a person tries or actually uses force against another person. While people may refer to “assault and battery”, they are actually two different charges. There are also several different assault and battery charges that vary depending on the amount of force used, the injury inflicted, the intended alleged victim, and if a weapon was used.

Assault is when you intentionally do an act that could result in the physical application of force to another person. Simple assault is a misdemeanor that is punishable by up to 6 months in jail.

Aggravated assault can be charged as either a misdemeanor or felony. If an aggravated assault is charged as a misdemeanor it is punishable by up to a year in jail. However, if it is charged as a felony typically it is punishable by up to four years in state prison. However, there are certain felony assault charges that carry a higher penalty.

Penal Code 240 – Simple Assault

California Penal Code section 240 defines simple assault. An assault is an unlawful attempt, along with the ability, to violently injure another person. It is unlawful when it is not done in self-defense or in the defense of another person.

An assault happens when a person tries to hit another person or tries to touch them in a rude or angry way. Even an attempt to do the slightest touching can be considered an assault if done in a rude or angry way. It can also be done through clothes or another object.

Assault does not require a person to intend to hurt the other person. It also does not require a person to intend to break the law. The intended touching does not have to cause any pain or injury to the other person.

An example of an assault is if someone tries to slap or punch another person but misses.

Penal Code 242 – Simple Battery

California Penal Code section 242 defines simple battery. A battery is any willful and unlawful use of force or violence on another person. It is unlawful when it is not done in self-defense or in the defense of another.

A battery happens when a person touches another person in a harmful or offensive manner. Even the slightest touching can be considered a battery if done in a rude or angry way. It can also be done through clothes or another object or another person.

Battery does not require a person to intend to hurt the other person. It also does not require a person to intend to break the law. The harmful or offensive touching does not have to cause any pain or injury to the other person.

An example of a battery is if someone slaps or punches another person.

Other Assault and Battery Charges

A person can be charged with other more serious assault and battery charges if a weapon is used, more force is used, the injury inflicted is serious, or the intended victim has a particular job or has a particular relationship to the charged defendant.

If you are charged with simple assault or battery or a more serious assault or battery, then an experienced criminal defense attorney will know how to defend against the charges. Contact an Orange County criminal defense lawyer at the Law Offices of Sandra Nassar to defend you. These charges are serious and can result in severe penalties including imprisonment.

These are some of the more specific assault and battery charges that can be alleged.

  • California Penal Code section 243(b) defines battery upon a peace officer, firefighter, and other designated persons.
  • California Penal Code section 243(c)(1) defines battery upon a custodial officer, firefighter, and other designated persons when an injury is inflicted.
  • California Penal Code section 243(c)(2) defines battery upon a peace officer when an injury is inflicted.
  • California Penal Code section 243(d) defines battery with serious bodily injury.
  • California Penal Code section 243(e)(1) defines battery upon a person that was a current or former romantic relationship including former or current spouse, parent of child, cohabitant, engaged relationship, and dating relationship.
  • California Penal Code section 244 defines assault with caustic chemicals.
  • California Penal Code section 245(a)(1) defines assault with a deadly weapon.
  • California Penal Code section 245(a)(2) defines assault with a firearm.
  • California Penal Code section 245(a)(3) defines assault with a machine gun or assault weapon.
  • California Penal Code section 245(a)(4) defines assault with force likely to produce great bodily injury.
  • California Penal Code section 245(b) defines assault with a semi-automatic firearm.
  • California Penal Code section 245(c) defines assault with a deadly weapon upon a peace officer or firefighter.
  • California Penal Code section 245(d)(1) defines assault with a firearm upon a peace officer or firefighter.
  • California Penal Code section 245(d)(2) defines assault with a semi-automatic firearm upon a peace officer or firefighter.
  • California Penal Code section 273.5 defines battery upon a person that was a current or former romantic relationship including former or current spouse, parent of child, cohabitant, engaged relationship, and dating relationship when an injury is inflicted that results in a traumatic condition.

If you are charged with any of the assault or battery crimes, then you need an experienced criminal defense attorney to defend you. The Law Offices of Sandra Nassar, A Professional Corporation has extensive experience handling serious assault and battery cases. Get an experienced Orange County assault and battery lawyer on your side. Make the call now. Call 800-260-2026 to get the help you need.

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