Assault And Battery
Assault and Battery in Tustin, CA
“Assault and battery” is a phrase many people have heard, but far fewer actually understand. If you are facing assault, battery, or assault and battery charges in Tustin, CA, it’s essential to know what you’re actually looking at.
What Is Assault?
In California, “assault” is an act of either:
- Intentionally trying to physically harm someone
- Doing or saying something menacing or threatening that makes someone believe they’re about to be physically harmed
Importantly, the actual charge of assault does not involve physical contact.
What Is Battery?
The definition of battery in California using force or violence unlawfully against someone. The charge of battery does involve physical contact.
How Serious Are Assault And Battery Charges In Tustin, CA?
The seriousness of an assault and/or battery charge in Tustin, CA depends on the type of assault, the type of battery, whether they were committed together, and other circumstances that may make the case more serious
Simple assault and simple battery, for example, are often charged as misdemeanors (though a prosecutor may decide to charge either as a felony in certain circumstances).
A good example of simple assault would be taking a swing at someone during an argument (intending to hit them, but not hitting them). Assault may be elevated to a more serious charge if, for example, you had an object or a weapon (especially a deadly weapon) that you credibly threatened to harm someone with.
It may also be elevated if the victim of your assault was in a class of people offered additional protections by the law, including:
- healthcare workers
- school employees
- probation department employees (including parole officers)
- animal control officers
- public transportation employees
- fire fighters
- members of the military (if the assault is motivated by the fact of service in the military)
- any other public service workers (during the course of their duty).
A good example of simple battery would be actually hitting someone with your fist or a small object during an argument (or, alternatively, pushing/shoving them). The same factors that can increase the seriousness of an assault charge can increase the seriousness of a battery charge.
Simple batteries may also still be charged as misdemeanors, but with increased penalties, under certain circumstances. These include if the battery was a domestic violence case (i.e., if the victim was an intimate romantic or sexual partner, past or present, or certain family members), or if the victim was:
- an elderly person
- a disabled adult
- a public transit passenger or anyone on public transit property
- a sports official (while performing their duties at a public sporting event)
- anyone on school property, in a public park, or on hospital grounds.
What Are The Penalties For Assault And Battery In Tustin, CA?
The penalties for both standard simple assault and standard simple battery in California may include:
- Up to 6 months in jail
- Fines of up to $1,000
- Probation for up to 6 months
The penalties for enhanced simple assault and enhanced simple battery may include:
- Up to 1 year in jail
- Fines of up to $2,000
- Probation for up to a year.
If the victim of the assault and/or battery is a police officer engaged in performing their duties, and you have reason to have known they were a police officer, sentencing can be drastically enhanced to include:
- Up to 16 months to 3 years in jail or state prison (depending on other charges and criminal history)
- Fines of up to $10,000
- Probation for up to 3 years
If you or a loved one have been charged with an assault or battery in Tustin, CA, you will need an experienced, knowledgeable Tustin criminal defense attorney to represent your case. Attorney Edward R. Flores and the team at the Flores Law Group, a Professional Corporation, are here to help. Call for a free consultation on your case today.