It's common for people to use the phrase assault & battery. However, assault and battery are two distinct crimes outlined by different statutes. According to the California PC 242, battery is an unlawful and intentional use of force or violence on another person. You may face battery charges even if the victim doesn't suffer any pain or injury. The prosecutor only has to show that you offensively touched the victim for you to face the charges. The California PC 240 outlines the crime of assault, which is the attempt to use force or violence on another person. If you face assault & battery charges in Bakersfield, CA, Bakersfield Criminal Attorney can help you create a solid defense to fight the charges.

The Elements of Battery

The prosecutor must prove three elements to accuse you of battery:

  • You touched another person
  • You touched the person intentionally or willfully
  • The touch was offensive or harmful

You can't be guilty of battery under PC 242 if the prosecutor cannot prove the crime’s outlined elements necessary. The crime of battery only requires you to make contact with the victim. You do not have to cause pain or injury to the person. Even the slightest and seemingly harmless touching may qualify as a battery. For example, you may face battery charges if you get into an argument with someone and spit on their face. Spitting may qualify as a form of offensive touching and lead to battery charges.

You don't have to touch the victim directly on their skin for the charges to apply. You may face battery charges even if you touch the victim through their clothing. You could also use an object to touch the victim. Battery charges may apply if you touch something connected to the victim, even if it isn't part of their body. For example, it is a crime to knock an object out of a victim's hand.

Acting willfully means that you acted intentionally or on purpose. It doesn't mean that you intended to hurt the victim, break the law, or gain any advantage. It only means that you were aware of what you were doing. For you to be guilty of battery, you don't need to have intended to commit battery.

What is an offensive or harmful touch? A harmful or offensive touch is a touch that is rude, violent, disrespectful, or angry.

Distinguishing Between Assault and Battery

Due to the frequent use of the phrase assault & battery, many people have difficulty distinguishing between assault and battery. They assume that the two terms mean the same thing. According to the California PC 240, assault is any action that may cause physical harm or an offensive touch on another person. On the other hand, battery is the actual touch or application of force on another person. Battery involves a physical touch between the defendant and the victim, but assault doesn't involve any touch. Therefore, battery is like a completed assault, while an assault is like an attempted battery.

The Penalties for the Violation of PC 242

Simple battery outlined under PC 242 is a misdemeanor offense as long as the battery isn't committed on a peace officer and doesn't involve significant bodily injury. The penalties for misdemeanor battery are:

  • Summary or misdemeanor probation
  • A jail time not exceeding six months in a county jail
  • A fine not exceeding $2,000

How to Fight Battery Charges

The first step in fighting battery charges involves hiring an experienced criminal defense attorney. You should ensure that you go for an attorney who has ample experience in California battery law and has helped other defendants fight similar charges. Some of the typical defenses that you can employ to fight battery charges are:

You Were Acting in Self Defense or Defending Another Person

You can fight battery charges by pointing out that you were defending yourself or another person at the time of committing the offense. For this defense to apply, you must show that you had a reasonable belief that you or another person was in danger of being touched unlawfully or suffering a bodily injury.

You should also show that you felt that it was important to use power or force to defend yourself from imminent danger. It should also be evident that you didn't use more power than was required to protect yourself from imminent danger.

You can only use this defense if the victim acted in a manner that made you feel threatened. It's important to note that words alone are not enough to justify battery. Therefore, if your opponent only used words, no matter how offensive, you can't claim that you acted in self-defense. You must have had a reasonable belief that you or another person was in danger of unlawful touch or harm.

You Did Not Act Intentionally

You must have acted intentionally or willfully to face charges under California PC 242. You don't need to have intended to commit a crime or harm someone. You only need to have acted willfully or intentionally to face battery charges. Therefore, if you touched the victim by accident, you can use this defense to fight the charges. This defense could apply if you were making your way through a crowd and you accidentally touched another individual with an object you were carrying. In this case, you can state that even if the touch was offensive, it wasn't intentional.

Parental Right to Discipline a Child

A parent may face battery charges alongside child abuse charges for offensively touching a child. In most cases of battery charges involving parents and their children, you will find that parents were merely trying to discipline their children. You can fight battery charges by stating that you were exercising your right to discipline your child. California law allows parents to use physical force while disciplining their children. However, it should be evident that the parent used reasonable force. It should also be apparent that the force used wasn't excessive under the circumstances.

A Battery on a Peace Officer

Under the California PC 243(b) and 243(c)(2), you will face aggravated charges for battery against a peace officer. You could face charges under the two statutes if you touch certain people while involved in their official duties. Protected persons include police and law enforcement officers, lifeguards, firefighter, custodial officer, security officer, traffic officer, animal control officer, and custody assistant. The prosecutor has to show that you were aware that you were committing battery against a peace officer.

Simple battery on a peace officer is punishable with a jail time of up to one year in jail. Just like simple battery, battery on a peace officer without causing injury is a misdemeanor offense. However, if battery on a peace officer results in injury, the offense becomes a wobbler and can be charged as a misdemeanor or felony. While charged as a felony, the crime is punishable with 16 months, two years, or three years in jail.

Aggravated Battery

You will face aggravated penalties if you commit a battery crime and inflict severe injuries on the victim. The California PC 243(d) outlines the crime of battery causing bodily injury, also known as aggravated battery. A serious bodily injury is an impairment of the victim's physical condition. It may include a broken or fractured bone. The aggravated battery crime is a wobbler, meaning the prosecutor may charge it as a misdemeanor or felony. The maximum sentence for misdemeanor aggravated battery is a jail time of up to 1 year. If the prosecutor charges the crime as a felony, the penalties may include imprisonment of two, three, or four years.

Domestic Battery

The California PC 243(e) (1) PC outlines the crime of domestic battery. You might face charges under this statute if you commit battery against any of the following people:

  • Your former or current spouse
  • Your current or former cohabitant
  • Your current or former fiancée
  • An individual with whom you currently have or used to have a romantic relationship
  • An individual you have a kid with

Domestic battery crime is a misdemeanor, punishable with a jail time not exceeding one year. The judge may also impose a penalty of not more than $2,000. The court may grant you probation after a conviction of domestic battery. However, you would have to enroll in a batterer's treatment program that generally lasts for one year.

Sexual Battery

The California PC 243.4 outlines the crime of sexual battery. This is a different crime from domestic battery, simple battery, and aggravated battery. You may be guilty of sexual battery if you touch another person's intimate parts for sexual pleasure or gratification and arousal. Sexual battery can be a misdemeanor crime or a felony based on the facts of the offense. If you commit sexual battery on an institutionalized person or on a person who is unlawfully detained, the crime is likely to be a felony.

If the prosecutor charges the crime as a misdemeanor, the penalties include a jail time of six months or one year, depending on the case's circumstances. If charged as a felony, sexual battery may attract imprisonment of two, three, or four years. Whether the prosecutor charges you with a felony or misdemeanor sexual battery, you will be subject to registration as a sex offender.

Civil Charges for Assault & Battery

The victim of assault and battery may decide to sue you for damages like medical charges and lost wages, especially in the case of an aggravated battery where the victim sustains severe injuries. You don't have to be declared guilty during the criminal trial for the victim to file a civil lawsuit against you. Even if the court finds you not guilty during the jury trial, the victim may still file civil charges against you. In a civil case, proof beyond a reasonable doubt isn't necessary. All that matters is a preponderance of the evidence. The victim only needs to prove more likely than not that you battered him. Civil cases require much lower proof than the proof required to convict you of a crime.

While filing a civil lawsuit against you, the victim must prove the following elements:

  • You touched the victim with the intent to offend or harm them
  • The victim did not consent to your touch
  • The victim was offended or harmed by your touch
  • Any reasonable person in the victim's situation would have been offended by your touch.

Simple Assault – California PC 240

The California PC 240 defines assault as an attempt accompanied by a present ability to inflict an injury on another person. The prosecutor must prove several elements to accuse you of the crime of assault:

  • The prosecutor should show that you engage in an act that could lead to the application of force on another person.
  • You acted intentionally or willfully.
  • At the time of committing the offense, you knew that your actions could make a reasonable person believe that your actions could lead to the application of force on them.
  • When you committed the offense, you had a present ability to apply force on the victim.

An application of force refers to any offensive or harmful touching. Even if you touch a person slightly, it will still count as assault as long as you do it rudely and offensively. Even if the touch didn't or couldn't cause an injury, it could qualify as assault. You do not need to have succeeded in touching or applying force on the victim for you to face assault charges. The prosecutor only needs to show that you engaged in an action that could have resulted in the application of force on another person.

You must have acted intentionally or willfully at the time of committing the assault. Even if you didn't intend to break the law, gain an advantage, or hurt another person, you could still face assault charges.

The Consequences of Violation of PC 240

Assault is a misdemeanor offense whose penalties include:

  • Summary or misdemeanor probation
  • A jail time of up to 6 months in a county jail
  • A fine not exceeding $1,000

Assaulting Emergency Personnel or Law Enforcement Officers

If you assault people belonging to certain professions, you will face aggravated assault charges. You shouldn't assault the following protected persons while they are involved in the performance of their duties:

  • Firefighter
  • Peace officer
  • Lifeguard
  • Traffic officer
  • Animal control officer
  • Code enforcement officer
  • Process server
  • Nurses or doctors offering emergency medical care
  • Search and rescue members

If you assault a person in any of the outlined categories, you will face a jail time of up to one year. The court might also order you to pay a fine not exceeding $2,000. The fine of assault will also increase to $2,000 if you assault a peace officer involved in performing their duties.

Common Defenses for Assault Charges

Even if an assault is often a misdemeanor offense, you wouldn't want to have an assault conviction of assault on your record. This conviction will give people the wrong impression about you and make them assume that you are violent. You might get an assault conviction even if your conduct had little to do with violence. That's why you should contact a criminal defense attorney immediately when the prosecutor accuses you of an assault. Some of the typical defenses that you can use to fight assault charges are:

You Had No Ability to Inflict Violence or Force

You can only face assault charges if you can inflict force on the victim at the time of committing the crime. If you manage to show that you had no power to inflict force, you cannot face assault charges.

You Were Defending Yourself or Another Person

You can also fight assault charges by stating that you were defending yourself or another person. For this defense to apply, it should be evident that:

  • You believed that you or another person was in danger of suffering bodily injury or being touched offensively.
  • You believed that it was necessary to use power or force to defend yourself from imminent danger.
  • You didn’t use excessive force than was required to defend yourself from imminent danger.

Even if the victim provoked you and made you feel threatened, they must have done more than use offensive words. California law outlines that words alone, no matter how offensive, cannot justify an assault. You should show that you believed that you or another person was in danger.

You Didn't Act Intentionally

In your attempt to apply force on another person, you must have acted willingly or intentionally for you to face charges. If your actions were accidental or due to a misunderstanding, you can't face charges. You should work together with your attorney to ensure that the court gets the entire story that you didn't intend to assault the victim.

False Accusation

Another person may accuse you of assault, yet you did not assault them. It is easy for people to accuse others of assault because the victim doesn't need to have suffered a visible injury for you to face charges. Some of the reasons why someone may accuse you falsely include jealousy, anger, and desire for revenge. With the help of a competent criminal defense attorney, you can show that you are a victim of false accusations.

Assault With a Deadly Weapon

You could face assault with a deadly weapon charge under PC 245 if you attack or attempt to attack another individual using a deadly weapon or any other means that is likely to result in great bodily injury. The crime of assault with a deadly weapon could be a misdemeanor or felony. Assault with a deadly weapon, commonly abbreviated as ADW, is also known as aggravated assault. When charged as a misdemeanor, ADW is punishable with a jail time of up to one year. If charged as a felony, ADW is punishable with an imprisonment of up to 4 years. You will face aggravated penalties if you use a firearm to commit an offense. Some of the common legal defenses that you can use to fight ADW charges are:

  • You did not use a lethal weapon to commit the offense
  • You did not act intentionally or willingly
  • You acted in self-defense

Assault on a Public Official

The California PC 217.1 outlines the crime of assault on a public official. You will face aggravated assault charges if you assault a public official who is actively involved in performing his/her official duties. The crime of assault on a public official could be either a misdemeanor or felony. The offense carries a maximum jail time of up to 3 years. The court might also impose a hefty penalty not exceeding $10,000. Under this statute, several people qualify as public officials:

  • The U.S. President or Vice President
  • Any local, state, or federal judge or juror, both current or former
  • A state or federal elected official
  • A former or current prosecutor
  • A city council member, mayor, sheriff, municipal chief of police, or peace officer
  • A former or current public defender
  • Subordinate judicial officials, including referees and commissioners
  • The Governor of any U.S. territory or state

You can fight an assault on a public official accusation by pointing out that:

  • You had no present ability to inflict injury on the public official
  • You had no intention to prevent the public official from performing his official duties
  • You were defending yourself or another person when you committed the offense

Assault With Caustic Chemicals

The California PC 244 outlines the crime of assault with caustic chemicals. It is a crime to place or throw a flammable or caustic substance at people with the intent to disfigure or injure them. The crime of assault with caustic chemicals is a felony offense whose potential penalties include imprisonment of 2 to 4 years in California's state prison. You may also have to pay a hefty penalty of up to $10,000. 

Some of the typical defenses that you can use to fight assault with caustic chemical charges include:

  • You assaulted the victim accidentally.
  • You had no intention to disfigure or injure the victim
  • You were acting in self-defense or defense of another person.

Find a Bakersfield Criminal Attorney Near Me

The crime of assault & battery could attract misdemeanor or felony charges depending on the case's facts and the injuries the victim sustains. The best way you can fight assault & battery charges is by hiring a competent criminal attorney. You can count on Bakersfield Criminal Attorney for the best legal representation in Bakersfield, CA. Contact us at 661-750-8230 and speak to one of our attorneys.