California Crimes - Assault and Battery

Attorneys of Criminal Defense Team have years of experience in dealing with assault and battery cases. A battery (California Penal Code Section 243) is, essentially, the willful use of force or violence upon another. An assault (California Penal Code Section 240) is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Simple assault and battery are considered misdemeanors and subject the defendant to potential county jail time. However, under California Penal Code Section 245(a) (1) “any person who commits an assault upon the person of another with a deadly weapon other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.”  If the weapon used is a firearm then the sentence shall be two, three or four years in prison.  This means that use of a firearm leaves the judge with no option but to impose a prison sentence in case of a guilty plea or a conviction. Use of a machinegun or a rifle can increase the sentence as well.

Attorneys of Criminal Defense Team have handled many assault and battery, including assault with a deadly weapon or assault with force likely to cause serious bodily injury cases in Orange County, Riverside County, San Bernardino County, Los Angeles County and San Diego county criminal courts.  Please call us at (888) 529-2188  for a free consultation with an experienced criminal defense attorney or email us at www.criminaldefenseteamusa.com