Assault and Battery

Orange County Criminal Attorney

Assault and battery offenses generally are considered to be "violent crimes" in California, and carry serious potential penalties.  The criminal attorneys in Orange County at Cummins & White, LLP have the expertise to represent clients in a wide variety of such crimes, ranging in seriousness from misdemeanor to felony assault and battery offenses. An Orange County criminal defense attorney at Cummins & White will review your case and determine an effective strategy.

Definitions

"Assault" is defined under California Penal Code Section 240 as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."  Penal Code Section 242 defines "battery" as "any willful and unlawful use of force or violence upon the person of another."  Assault is thus sometimes defined as an unlawful attempt to commit battery. 

Common Assault & Battery Offenses

Several types of assault and battery are prohibited in California, including:

• Simple assault:  According to Penal Code Section 241, subdivision (a), a simple, misdemeanor assault offense carries a potential penalty of a $1,000 fine, imprisonment in the county jail not exceeding six months, or both a fine and imprisonment. 

• Assault on a peace officer or firefighter: Under Penal Code Section 241, subdivision (c), if an assault is committed against a police officer, firefighter, EMT, or traffic officer who is engaged in performing his or her official duties, the defendant faces a potential penalty of a fine as high as $2,000, imprisonment in county jail for up to one year, or both a fine and imprisonment.

• Assault with a deadly weapon:  This serious offense involves the use of "a deadly weapon or instrument other than a firearm... likely to produce great bodily injury" (Penal Code Section 245, subdivision (a)), depending on the facts and circumstances of the case can be charged as either a misdemeanor or felony.  A person charged with a misdemeanor under this section faces a potential penalty of up to one year in county jail, a fine up to $10,000, or both fines and jail time.  If the person is charged with a felony, he or she potentially faces a penalty of two, three, or four years in state prison. 

• Simple battery:  According to Penal Code Section 243, simple battery carries a potential penalty of imprisonment in county jail for up to six months, a fine of up to $2,000, or both a fine and imprisonment. 

• Battery with serious bodily injury:  If the battery results in serious bodily injury being inflicted upon another person, the potential penalties increase substantially.  If the crime of battery is charged as a misdemeanor, the person faces a potential penalty of up to one year in county jail, but if the crime of battery is charged as a felony, then the person faces a potential state prison term of two, three, or four years.

Our Orange County criminal attorneys have the knowledge and background to conduct a thorough investigation of your case, determine your options, and negotiate with the prosecution on your behalf to reduce the charges, negotiate a plea agreement, or have the case dismissed. 

For an experienced criminal attorney in Orange County at Cummins & White, LLP, email us or call us at (888) 339-4127 for a free consultation.