Those facing charges for assault need to contact our Orange County assault lawyers for a free case evaluation. Not only can an attorney help you better understand your options, but they will provide you with information that could help you stay out of jail.
Assault is often intertwined with battery. Battery is defined as deliberately forcing or fighting someone else. Regardless of whether an injury was caused, the main factor of the crime is that an offender had intended and attempted to hurt someone else.
The penalties for these types of violent offenses under California law include:
- Up to $2,000 in fines
- Up to 6 months in jail
Battery can be minor or serious. It could be that someone poked someone else, and this contact was seen as threatening. Or, injuries could be as serious as a cut or broken bone or limb.
What happens if the victim sustains injuries? It’s then categorized as an aggravated offense under California Penal Code 243 D. The penalties for this crime include:
- Misdemeanor: one year in jail, and $1,000 in fines
Felony: 2,3 or 4 years in prison, and $10,000 in fines
Other factors that come into play when prosecutors handle these cases include the severity of injuries, or the relation of both parties. As an example, the court will enforce heavier penalties if the offense was committed on a spouse or a peace officer.
Assault and Battery Lawyers Explain The Difference
The main difference between these offenses is that battery involves physical contact, while assault is an attempt to use force or violence that did not result in physical contact. The most recognizable distinction is physical contact. If physical contact occurred, it becomes quite easy to differentiate between the two.
A good example of assault would be when someone uses a bat to swing at someone, but there was no impact. If the outcome were different, and the bat hit the other person causing injury, the victim can file battery charges against the offender. Battery on the other hand involves assault, since an effort was made to hurt some else.
Assault is penalized by:
- Up to $1,000 in fines
- Up to 6 months in jail
Battery Against a Spouse
Battery against a spouse could be anyone the batterer has or had an intimate relationship with. It could be a current or former spouse, partner or parent of a child. The elements of the crime are the same as simple battery (that is willfully using force or violence against another), with the inclusion that both parties were related domestically.
- Up to $2,000 in fines
- Up to 1 year in jail
California Penal Code 243.4 Sexual Battery
This offense involves the use of force, violence or threat on another to gratify oneself sexually, and without the person’s consent.
The relation of sexual battery to assault laws is that this sexual contact was not wanted. The penalties for sexual criminal charges depend on a number of factors including the victim’s age, health and injuries. These include either:
- Misdemeanor: 6 months in jail, and up to $2,000 in fines
- Felony: 2, 3 or 4 years in prison, and up to $10,000 in fines
Other potential penalties include probation, and a lifetime registration as a sex offender.
California Penal Code 245 A Assault With A Deadly Weapon (ADW)
An assault is an attempt to injure or harm someone else. When a person attempts an assault with a deadly weapon, sentencing is increased. A deadly weapon could include a knife, gun, or some object that would cause significant harm to someone that’s targeted.
The penalties for ADW include:
- Misdemeanor: up to one year in jail, up to $10,000 in fines, confiscation of weapons
- Felony: 2 or 4 years in prison, up to $10,000 in fines, confiscation of weapons
The judge may additionally order offenders to enroll in anger management classes, participate in community service, and pay victim restitution.
Top Defenses for Orange County Offenders Include:
- The accused was exercising self defense, and it was the other party who in fact committed the offense
- There was no intention to harm the person, or it was an act of consent
- The defendant was wrongly accused
- If the circumstances involved minors, it was the parent/s merely exercising discipline, with no injuries. A good example would be spanking a child.
In addition to the penalties outlined above for each crime, most assault cases require offenders to participate in a batterer’s program. Other sentencing may include community service and probation.
Contact Our Assault Lawyers in Orange County for Help
It’s important to also contact a criminal defense lawyer, given that most assault cases can subject offenders to the Three Strikes Law in California.
Call the law offices of MacGregor and Collins today. If you’re facing Assault and Battery charges and were falsely accused, the Orange County criminal defense attorneys at MacGregor & Collins can help to prove your innocence, and get the best outcome for your case. We will bring superior legal experience to aid you in this challenging time. Call a MacGregor & Collins, LLP Orange County assault lawyer today at (888) 250-2865.