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A battery (Penal Code § 242) is the willful and unlawful use of force or violence upon the person of another. This means, any physical contact with another person, to which that other person has not consented. An assault (Penal Code § 240) is an unlawful attempt, coupled with the present ability, to commit a violent injury on the person of another.

These are the definitions for simple battery, and simple assault. There are two distinct acts that constitute an assault and a battery, but prosecutors frequently charge both crimes together. The maximum penalty for an assault is $1,000 and/or 6 months in jail. For battery, the maximum penalty is $2,000 and/or 6 months in jail.

Assault and battery come in other forms also, basically, more complicated variations of PC §§ 240 and 242. For example, battery on a police officer (Penal Code § 243(c)), or battery on a spouse, or roommate (Penal Code § 273.5) have more severe penalties and can be charged as a felony which means you or you loved one is potentially facing prison time. If this is the case, you need to call a skilled attorney right away. Daniel C. Grupenhagen can help you through the entire process, call him today.

For Domestic Violence or Domestic Battery committed in California, you will be required to attend the first appearance to receive a copy of a restraining order issued by the court. Then you may never have to come to any other hearings depending on the court where your case is heard. It's imperative that you call us to discuss your case if you or someone you knows has been arrested or charged with a battery or assault in California.

But wait, there’s more. If you know someone, or if you are someone that commits an assault or battery in California with the assistance of a weapon, then that might be alleged as an assault with a deadly weapon (Penal Code § 245) which is a much more serious charge. An assault with adeadly weapon, or ADW, is punishable as a felony or a misdemeanor, and is considered a “strike” under the three strikes law in some circumstances. For more information on “strikes” see my description on three strikes cases (link). Don’t stop now, if you think, “Well, that’s fine, there was no weapon, we only beat the guy up with my fists,” don’t be mistaken! The law allows you to be charged with ADW by use of your hands and feet! This means that a simple bar fight can turn into a very serious inconvenience to you, including arrest and incarceration with a high bail amount. When the police come out to a call of a fight on the premises, they love to arrest people with felony charges because the law allows them to arrest for felonies occurring outside their presence, but not for misdemeanors committed outside their presence. This means your family will be looking at a high bail amount to get you out, until you hire me to fight for you to get you out before court, and if needed, if a District Attorney charges you with assault with a deadly weapon in California, to explain to the judge when you get to court.

Of course, being charged with any crime is a serious event. The courts and the prosecutors certainly think so. Start preparing to defend yourself seriously by calling us today to help you with your case.