A Marin County Assault Attorney Discusses Assault And Battery
While many people use the terms “assault and battery” interchangeably, these two are separate crimes in the state of California. Assault and battery carry serious criminal penalties in California. However, they are also considered intentional torts under California civil law. If you have been accused of or charged with assault or battery in California, consider speaking with a knowledgeable lawyer who will strive to protect your freedom and rights. Marin County assault attorney Josh S. Brownstein and the Brownstein Law Group, P.C. has a proven track record of successfully defending clients in San Rafael, Novato, San Francisco, Marin County, and throughout California.
Assault Defined in California
Under California law (Penal Code §240), assault is defined as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” To convict a defendant of assault, the prosecution must, therefore, prove the following beyond a reasonable doubt:
- The defendant acted in a way that would probably result in the direct application of force to someone else;
- The defendant acted willfully;
- The defendant had the present ability to apply force to that person, and
- The defendant was aware of facts or circumstances that would lead a reasonable person to believe that your actions would result in the application of force against that person
The crime of assault is more complex than most people realize, which is why you need a Marin County assault attorney if you have been charged. Assault is more than just making threats, but it also includes more than just an attempted battery. Examining a few of these elements may help clarify the crime of assault.
Application of Force
You can be charged with assault if the victim reasonably believed that your actions would result in the application of any force whatsoever. This includes any harmful or offensive touching. In other words, the application of force is not necessarily limited to force that would result in serious physical harm. Attempting to spit in someone’s face, for example, could be charged as assault.
Acting Willfully
To prove the crime of assault, the prosecution must prove that your actions were willful. In other words, you cannot be convicted of assault if you were acting negligently. Unfortunately, the difference between willful and negligent is not always clear, and law enforcement will often charge someone with assault even though they did not act willfully. This is one of the reasons why you need a Marin County assault attorney—they will know how to demonstrate that your actions were not willful.
Present Ability
In order to be charged with assault, the prosecution must prove that you had the ability to apply force on the victim at the time the incident occurred. For example, if you were shouting threats at someone from the other side of a river with no bridge nearby, you could argue that you did not have the present ability to apply force.
Reasonable Belief
Similar to the element of willfulness, this element is somewhat subjective. To be charged with assault, there must be facts surrounding the incident that would lead a reasonable person to believe that your actions could result in an application of force on the victim. For example, angrily shouting, “Get out of here” to someone might not result in an assault charge. On the other hand, throwing a large rock at someone while shouting, “Get out of here,” may support an assault charge. Again, keep in mind that the prosecution does not need to prove that you intended to cause harm, only that your actions would result in offensive touching.
Assault is considered a violent offense, and a conviction will go on your permanent record. Do not plead guilty without first seeking legal counsel. A Marin County assault attorney can review your case and explain your options.
Battery in California Defined
The crime of battery is easier to understand than assault. Under California Penal Code §242, battery is defined as follows:
- The willful and unlawful use of force or violence
- Upon another person.
Generally speaking, you have to have actually made contact with the other person in order to be charged with battery. Otherwise, assuming the incident meets the elements described above, you can only be charged with assault.
Willful and Unlawful Force
Similar to assault, battery must involve conduct that is “willful.” Willful means that you acted on purpose. It does not mean that you intended to cause harm or break the law.
Unlawful force includes any touching that is violent, angry, or disrespectful. Similar to assault, the application of force does not need to result in physical harm. As a result, the crime of battery can include the following:
- Spitting in someone’s face
- Shoving someone
- Angrily putting your finger into their chest
- Gripping someone’s shoulder
Any unwanted touching could be charged as battery. That doesn’t mean that the prosecution can prove their case if you have been charged with battery. An experienced Marin County assault attorney can assess your case and explain your options if you are facing charges.
Upon Another Person
The use of force must involve another person if you have been charged with battery. However, it is important to note that the application of force need not be direct—touching through the person’s clothes or indirectly through the use of some other object. For example, prodding someone with a stick could result in a battery charge.
What Is the Difference Between Assault and Battery?
While the terms assault and battery are often used together, they refer to two distinct crimes in California. Under California Penal Code Section 240, assault refers to an unlawful attempt to cause violent injuries to other people. In other words, you can be charged with assault if you intended to commit a battery but made no physical contact to do so.
Battery, which is codified at California Penal Code Section 242, refers to force or violence used against other people. Unlike assault, which does not involve physical contact, the crime of battery is the actual use of force or violence. The Penal Code also contains special code sections regarding physical force or violence committed against peace officers, emergency medical technicians, firefighters, school teachers, and others.
In other words, the biggest difference between assault and battery in California is that battery is the actual use of unlawful force, while assault is just an attempt to use force.
Why Are California Defendants Often Charged with Both Assault and Battery?
While they are distinct offenses, assault and battery are closely related crimes. An assault precedes every battery, but not in the same way that murder is preceded by attempted murder. One reason for this is the crime of assault is more than just the attempt to commit battery.
However, another reason that assault and battery are often charged together is that additional criminal charges give the prosecution more leverage over defendants. A defendant who has been charged with both assault and battery might be willing to plead guilty to assault in exchange for the battery charge being dismissed. This is why you should discuss your charges with an experienced Marin County assault attorney before deciding how to proceed.
Examples of Assault and Battery
To distinguish the two crimes with greater clarity, it may be helpful to review some examples. Assault charges could be charged in the following situations:
- One person advances toward another with clenched fists and an angry demeanor, saying, “I’m going to beat you senseless.”
- One person pulls a knife on someone on a dark and empty street and is acting in an intimidating manner.
- During a heated argument, one person tries to punch the other person in the face but misses.
Note that the victim did not suffer any harm in each of these situations. However, the other person could be charged with assault because they acted willfully and in a manner that could result in the application of force upon the other person.
The scenarios above could also be charged with both assault and battery if we change the facts slightly:
- After threatening to beat the victim senselessly, the person manages to shove them before the victim is able to escape.
- After pulling the knife, the perpetrator slashes the victim’s arm before they escape.
- Even though the first swing misses, the attacker makes contact with the second punch.
If any of these scenarios are similar to a situation you have been involved in, you could be facing charges for both assault and battery. As a result, we recommend that you contact a Marin County assault attorney as soon as possible.
Simple vs. Aggravated Assault and Battery in California
California Penal Code also recognizes two degrees of assault and battery depending on the nature and severity of the offense:
- Simple and aggravated assault. Simple assault refers to the threat or attempts to cause physical injury to another person when the offender has the ability to carry out such a threat. However, if the offender has the intention to inflict serious bodily injury by assaulting a victim with a deadly weapon, they can be charged with aggravated assault. A deadly weapon can be a firearm, knife, baseball bat, or even a screwdriver, among other instruments and weapons. A person can also face aggravated assault charges if they commit assault with caustic chemicals or attempt to use a deadly weapon on a school employee.
- Simple and aggravated battery. Simple battery means forcefully touching someone in an unwanted manner. However, an offender can face aggravated battery charges if they cause a serious bodily injury. What constitutes a serious injury is one of the most debated issues in assault and battery cases in California. However, California law defines a serious injury as a substantial or significant physical injury.
Penalties for Assault and Battery in California
Penalties for assault and battery depend on the circumstances and nature of the offense, including whether the offense is simple or aggravated:
- Simple assault includes a penalty of up to six months in county jail and up to $1,000 in fines, in addition to restitution to the victim.
- Aggravated assault is punishable by up to one year in jail, a maximum fine of $10,000, probation, and restitution to the victim. If the aggravated assault is a felony, the offender may face a longer jail sentence.
- Misdemeanor battery is punishable by up to six months in county jail and up to $2,000 in fines, in addition to probation and restitution to the victim.
- Felony battery is punishable by a maximum sentence of three years in a county jail or state prison, and between $2,000 and $10,000 in fines, in addition to probation and restitution to the victim.
Felony convictions may fall under California’s Three Strikes Law. Under the law, an offender can be sentenced to 25-to-life in prison if they have two prior felony convictions for violent or serious crimes on their record.
Legal Defenses When Facing Assault and Battery Charges
The burden of proof lies on the prosecution, meaning they must prove their case beyond a reasonable doubt to convict you. As a result, you don’t necessarily have to say or do anything if you can demonstrate that the prosecution failed to meet their burden. However, this can be a risky strategy. If possible, it is always better to raise defenses against your charges in addition to arguing that the prosecution cannot prove their case.
Self-Defense in California
You may be able to avoid conviction if you prove that you acted in self-defense. For example, let’s say that you felt threatened by another person when they started acting in an intimidating manner. You told them that they had better leave or you would fight them. They refused and continued to challenge you. As a result, you punched them until they fell to the ground and then left the scene. You were later charged with assault and battery. You may be able to successfully argue self-defense if you can prove the following:
- You reasonably believed that you were in danger of being unlawfully touched or hurt;
- You reasonably believed that immediate physical force was necessary in order to avoid being injured and
- You exerted only enough force to protect yourself in the situation.
An experienced Marin County assault attorney will know what facts you will need to argue in order to successfully establish self-defense.
Defense of Another or Defense of Property
You can also defend yourself against an assault or battery charge if you prove that you acted reasonably in defense of your property or another person. The elements are basically the same as acting in self-defense.
Consent
Assault and battery charges can sometimes arise from consensual behavior. You may be able to avoid being convicted of assault or battery if you can prove that you reasonably believed that you had the other person’s consent to act in the manner that you did.
Mistaken Identity
In the example we just used, you may be able to argue that the police have charged the wrong person with assault and battery. A Marin County assault attorney will know how to prove that the police have charged the wrong person.
CONTACT A MARIN COUNTY ASSAULT ATTORNEY TO FIGHT YOUR ASSAULT & BATTERY CHARGES IN Marin County, CALIFORNIA
a Marin County assault attorney at Brownstein Law Group, P.C. are committed to providing clients in San Rafael and throughout California with high-quality legal representation. Assault or battery charges can be completely overwhelming for you and your loved ones—a conviction could affect your ability to find a job or decent housing in California and result in other negative consequences. Reach out to a fiercely compassionate attorney today to determine your best defense options.