The crime of assault refers to the attempt to cause physical injury to another person; however, contact does not need to take place. Therefore, the threat of force, coupled with the ability to carry out that threat would suffice.
Battery on the other hand, refers to actual physical contact. This contact is construed as rude and/or offensive to the victim. Therefore, when battery takes place, it is often charged concurrently with assault – hence the term, assault and battery.
Assault and battery can be charged as either a misdemeanor or a felony in the state of California. Less serious assault and battery resulting in minor injuries can be charged as a misdemeanor, which can be punishable by up to six months in jail, and up to $2,000 in monetary fines.
On the other hand, when the victim sustained serious bodily injuries, it can be charged as a felony offense. Felony assault and battery is a violent crime which can be punished by up to four years in state prison and $10,000 in fines.
Aggravated assault and battery charges – the most severe category, can be charged if the suspect caused or attempted to cause severe injuries against the victim or, if they used a deadly weapon during the attack. A person can also be charged with aggravated assault and battery when the victim was a member of law enforcement.
There are specific defenses to assault and battery charges that may be applicable in your situation. Hiring the right criminal defense attorney can make all the difference in the final outcome of your case. In fact, in light of certain applicable mitigating circumstances, your criminal defense lawyer might be able to get the charges against you reduced, or eliminated entirely.
Martinian & Associates Inc. is a criminal defense firm serving the residents of Los Angeles, California. Their firm has successfully defended clients facing all types of criminal charges. If you should use their firm, they will look for any possible mitigating circumstances that might serve to get the charges against you reduced or dropped entirely! Please, don't hesitate to contact a Los Angeles criminal defense lawyer from their firm for a free initial consultation.