Many people use assault and battery as a phrase without realizing that they represent two vastly different charges. If you have been charged with either assault or battery, or any variation thereof, you should immediately seek the counsel of an experienced lawyer to ensure your rights are defended.
At the Law Offices of Keith J. Bruno, APC, we have vast experience defending clients struggling against a wide range of criminal charges. Our clients count on us to provide personal service, attention to detail, thorough preparation and prompt communication throughout the proceedings. We will work on developing an effective defense based on a detailed examination of your charge, the police report and any witness statements. Trust a skilled Orange County assault and battery attorney to guide you through this complex and emotionally challenging process.
Newport Beach Assault Defense Attorney
It is important to understand the differences between the charges of assault and battery in California.
Assault can also be aggravated assault, an assault carried out with a dangerous or deadly weapon or one that reflects the intent to inflict serious bodily injury on the victim.
Crimes that can constitute assault are:
- Assault with intent to cause serious bodily harm
- Assault with a deadly weapon
- Intent to commit battery
- In some cases, making threats to cause bodily harm
In addition to the above, additional penalties may be possible if the assault took place in certain locations or was committed against a defined class of people. An assault that occurs at a school, for example, could result in a $2,000 fine and/or one year in jail.
In California, the definition of battery is "the unlawful touching of another, without their consent." The intent to touch and the harm must be intentional to constitute a battery charge, but the injury does not need to be significant to be in violation of the law. In fact, it does not even need to be a physical injury.
Because physical injury does not need to be present, the mere accusation of battery may be enough for you to wind up in the defendant's chair. For one individual to press charges against another, the police (or anyone else) do not even have to witness the alleged battery. Someone else can file a "private person's arrest declaration" and have you arrested and criminal charges filed.
Battery may be charged as a felony or misdemeanor, and in certain cases where a victim has suffered serious bodily injury, a conviction may result as a strike on the defendant's criminal record under the California "Three Strikes Law." Needless to say, a criminal charge for battery is serious business.
Contact Our Firm
If you have concerns regarding assault and battery defense, contact The Law Offices of Keith J. Bruno, APC, at 949-988-0932 or 800-844-6907, or simply complete our online communication form. We offer a free consultation and we accept all major credit cards for payment of services. We are available 24/7 based on the needs of our clients.