Simple Assault is found in instances where a batterer or abuser attempts to hurt or cause physical harm to someone else. This could mean trying to stab a victim with a knife, pen, pencil or some other object. This legal code however does not require that the victim was injured. The penalties are usually a thousand dollars in fines, up to six months in jail or both of these, in addition to probation and participation in a batterer’s program.
There’s also a separate legal code for aggravated assault. An example of this is when someone uses a deadly weapon or firearm during the course of the assault.
Simple Battery on the other hand, is defined as actually injuring someone, and that this was done deliberately. The penalties include up to two thousand dollars in fines and up to six months in jail. The penalties could be one or the other – or both.
Similar to assault, there are also aggravated battery charges which is when there are serious injuries reported – including loss of limb, disfigurement, sending a victim into a coma and more.
Other types of assault and battery, which are more complex in terms of proving evidence include sexual assault, domestic violence, and more – each of which carry their own methods for prosecution and sentencing in Newport Beach, California.
Top Defenses for Assault and Battery Includes:
- Self Defense
- Consent from Victims
- False Accusations
If you or someone you know has been accused of an assault or battery, call a California criminal defense attorney immediately at (949) 250-6097. MacGregor and Collins will help to get the best outcome for your case.