949-235-2250

ORANGE COUNTY CRIMINAL DEFENSE ATTORNEY

ORANGE COUNTY CRIMINAL DEFENSE ATTORNEYORANGE COUNTY CRIMINAL DEFENSE ATTORNEYORANGE COUNTY CRIMINAL DEFENSE ATTORNEY

ORANGE COUNTY CRIMINAL DEFENSE ATTORNEY

ORANGE COUNTY CRIMINAL DEFENSE ATTORNEYORANGE COUNTY CRIMINAL DEFENSE ATTORNEYORANGE COUNTY CRIMINAL DEFENSE ATTORNEY

949-235-2250

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PETER F. IOCONA: ORANGE COUNTY CRIMINAL DEFENSE LAWYER

SUPER LAWYERS RATED, TOP 100 CRIMINAL DEFENSE TRIAL ATTORNEY

Assault & Battery or Assault With a Deadly Weapon Charges

Orange County Assault & Battery Charges

 Because of the way assault and battery are defined in the state of California, many defendants are surprised to find that they have been charged after a minor argument that did not result in any injuries, or a battery. This is because many people often use the terms "assault and battery" believing they are always together; however, they are actually two separate crimes and are often, but not always, charged together. 


Penal Code Section 240 defines an "assault" as an attempt to use force or violence on someone else and Penal Code Section 242 defines a "battery" as the actual use of force or violence on someone else. They can be charged separately, i.e., Penal Code Section 240, an assault; or Penal Code Section 242, a battery; or together as Penal Code Section 240-242, an assault and battery.


Assault and battery comes in many forms, such as assault with a deadly weapon, (with or without a firearm), assault with a motor vehicle, both of which are only assaults; however, if there is injury by way of either situation to another party, then there is an assault and battery, which can be charged as either a misdemeanor or a felony depending on the facts and circumstances of the actual situation. A felony assault and battery charge can even be enhanced with an allegation of Great Bodily Injury (GBI). A GBI Enhancement can add years to a sentence depending on the extent of the injuries to the other party.


Whether an assault, a battery, or an assault and battery, they can be charged as either a misdemeanor or a felony depending on the facts and circumstances, most notably the extent of the injury to the alleged victim.


A few of the most common defense for assault and battery charges include: (1) You were acting in self-defense or attempting to protect someone else; (2) You did not act willfully, therefore you cannot be charged; (3) You have been wrongfully accused; or (4) You do not have the ability to actually inflict harm or force on someone else due to a physical limitation or some other limitation that would make the assault and/or battery unlikely or impossible.

Orange County Assault With a Deadly Weapon or ADW Charges

 Assault and battery comes in many forms, such as assault with a deadly weapon, (with or without a firearm), assault with a motor vehicle, both of which are only assaults; however, if there is injury by way of either situation to another party, then there is an assault and battery, which can be charged as either a misdemeanor or a felony depending on the facts and circumstances of the actual situation. 

 
Penal Code § 245(a)(1) (assault with a deadly weapon) is defined as attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury. A felony assault and battery charge can even be enhanced with an allegation of Great Bodily Injury (GBI). A GBI Enhancement can add years to a sentence depending on the extent of the injuries to the alleged victim and the facts and circumstances of the case.   

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Your Defense is Our Top Priority at The Law Office of Peter F. Iocona

 Battery refers to any use of force or violence against another person, even if the victim did not suffer from injuries as a result of the act. However, if the victim did receive serious injuries as a result of your actions, you may be charged with battery causing serious bodily injury. Whereas battery refers to an incident that actually occurred, assault refers to an attempt to cause harm through force or violence. The difference between the two is the existence of physical contact. In battery, the defendant initiates physical contact with the victim to cause harm, whereas in criminal assault charges, there was an attempt but no actual physical contact.

There is a more severe assault charge known as assault with a deadly weapon. This charge means you have attempted to inflict a harm on someone through force or violence using an object that can be considered a deadly weapon. Under California law, a deadly weapon is considered to be any kind of object besides a firearm that could cause serious harm, such as a hammer or baseball bat. 

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