PETER F. IOCONA: ORANGE COUNTY CRIMINAL DEFENSE LAWYER
SUPER LAWYERS RATED, TOP 100 CRIMINAL DEFENSE TRIAL ATTORNEY
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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.