Assault and Battery
In California Assault and Battery are two separate crimes both can be charged as either a Felony or Misdemeanor depending on the facts.
Assault is a crime which does not require the touching or injuring of the victim. It merely requires the victim to believe that they are about to be struck or injured through your intentional action. This makes it easy for you to be improperly arrested and or charged for an innocent action that is misunderstood by the “victim”. If the act involves a weapon you can be charged with a Felony.
Battery in California requires the actual contact with the victim or the causing of injury to the victim. If the action caused a serious injury you can be charged with a Felony. If a weapon was used you can also be charged with a Felony, this is commonly referred to as Assault with a Deadly Weapon.
Often when people are engaged in a fight law enforcement with arrest everyone and let the DA and the courts try to figure it out. There are defenses to assault and battery, for example if you are defending yourself or someone else from an attack. Even if this is the case you need the assistance of an experienced criminal defense attorney to help you through the process and ensure your side of the story is told. Assault and or Battery can result in serious consequences including years in prison. Our Office can assist you in fighting these cases.