The Difference Between Assault and Battery
The terms “assault” and “battery” are so often used together that they are often thought to be interchangeable. However, in the legal world, they have very different meanings, though one usually leads to the other. In California, assault is the threat or attempt to physically hurt someone, and having the means to do so. Battery, on the other hand, is actually hurting someone.
As you can imagine, being beaten up my someone is often preceded by threats. That’s why assault and battery are so often lumped together as one charge. Both have varying degrees of seriousness, which can change the severity of your case. For the purposes of simplicity, this blog will refer to these charges as one.
Different Degrees of Assault and Battery
Generally, there are three degrees of severity when it comes to assault and battery. Third degree is the least severe. It usually pertains to an attempt to injure, or when someone injures someone in a non-physical way. Because it is the least severe, it carries the lightest punishment. It becomes a second-degree charge when the injuries inflicted are not too severe, but still occur. It can also be classified by the intent behind the action.
First degree assault and battery is the most severe. The person attacked would be left with severe bodily damage. The alleged perpetrator would have likely shown a great indifference toward human life. Often, a firearm or other weapon is also part of the charge, changing it to “aggravated assault” or “assault with a deadly weapon.” Because of the nature of the charge, the punishments can be severe if you are found guilty.
Punishment Fits the Crime
Assault and battery is always tried as a felony. That is the most serious type of charge and carries severe consequences. In California, a simple assault or battery generally means 6 months in jail, plus a fine of a couple thousand dollars. When the charges are combined, or when they climb in degrees, the consequences only increase. Other factors could impact the sentence, such as the relationship between the victim and the aggressor, ages and others.
When it comes to defending against assault and battery charges, there are a few common tactics. The first is self-defense. If you were threatened or attacked, you have a right to defend yourself, even if it means injuring the initial aggressor. The other is mutual consent, meaning both parties agreed to the situation. Think of a fight set up between two people.
Getting Help if You’ve Been Arrested
If you’ve been charged with assault and battery in California, it may seem like you just have to accept your punishment. However, an experienced attorney can represent you in court and help you fight the charges. Contact our law offices today to see how we can help you. Your initial consultation is free.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.