ASSAULT AND BATTERY: CA Penal Code Sections 240-243
Assault and Battery under the CA Penal Code (PC) can range from a misdemeanor simple assault to felony assault and battery. What is the difference between assault and battery? A physical attack on another person--even without contact or harm--is an assault. On the other hand, if the person is actually subjected to harmful or offensive touching then a battery occurs. Depending upon the circumstances and factors surrounding your case, the fines can range from $1,000 to $10,000 and the jail/prison time can vary from 6 months to 4 years. The following information pertains mainly to the charges of simple assault and battery.![875413_balance.jpg]()
Being charged with the crime of assault and battery can have very serious consequences. Therefore, if you are charged, please contact San Diego Criminal Lawyer George Gedulin and Mark Greany. Because we have years of experience handling assault and battery cases, we can advise you on and develop the best and strongest legal strategy for your case.
What is Simple Assault and What are the Penalties/Punishment?
Under CA Penal Codes 240-241, the least serious assault and battery charge is misdemeanor simple assault, which is defined as: an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. For example, if you swing at someone with the intent to punch him, but you miss, then you have committed assault.
Thus, even if you do not physically contact or cause injury to another person, you can be charged with simple assault, and if convicted face a fine of $1,000 and 6 months in jail.
What is Simple Battery?
Under PC 242, the definition of battery is: any willful and unlawful use of force or violence upon another. What that means is that if you make any unwanted physical contact to another person, then you can be convicted of battery--even if the person is not injured or harmed. Any unwanted touching is considered battery.
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Being charged with the crime of assault and battery can have very serious consequences. Therefore, if you are charged, please contact San Diego Criminal Lawyer George Gedulin and Mark Greany. Because we have years of experience handling assault and battery cases, we can advise you on and develop the best and strongest legal strategy for your case.
What is Simple Assault and What are the Penalties/Punishment?
Under CA Penal Codes 240-241, the least serious assault and battery charge is misdemeanor simple assault, which is defined as: an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. For example, if you swing at someone with the intent to punch him, but you miss, then you have committed assault.
Thus, even if you do not physically contact or cause injury to another person, you can be charged with simple assault, and if convicted face a fine of $1,000 and 6 months in jail.
What is Simple Battery?
Under PC 242, the definition of battery is: any willful and unlawful use of force or violence upon another. What that means is that if you make any unwanted physical contact to another person, then you can be convicted of battery--even if the person is not injured or harmed. Any unwanted touching is considered battery.