San Diego Assault & Battery Attorney

Being charged doesn’t mean you are guilty. Assault happens when one person acts in a way to cause another person to believe he or she was in danger of unwanted bodily contact or actual immediate harm. Just because you are accused doesn’t mean you are guilty. You need an experienced San Diego assault and battery lawyer on your side.

Assault and Battery in San Diego

Assault is the threat of harmful violence on another person, even if there is no physical contact and that person is not actually touched. The battery is the unwanted touching of another person with the intent to cause injury. Assault and battery are actually two separate crimes and can be prosecuted as either a misdemeanor or a felony, depending on the circumstances. If a gun is involved, you’re talking 20 years in prison. To get a better understanding of the charges you’re facing and the legal options you have, contact a criminal defense attorney as soon as possible.

(Click a statute below for additional information)

‍PC 240: Assault- Up to 6 months in county jail

‍PC 242: Battery - Up to 1 year in county jail

‍PC 245 (a)(1): Assault with a weapon of force likely to produce great bodily injury - Up to 3 years in prison (more if great bodily injury occurs)

‍PC 211: Robbery - Up to 4 years in state prison

There are several different types of assault and battery charges in California law:

• Simple Battery
• Sexual Battery  (Also known as Sex Crimes)
• The battery on a Spouse or Girlfriend/Boyfriend (Also known as Domestic Violence)
• Assault with Deadly Weapon. (If Great Bodily Injury is charged, the crime is elevated to a “Strike.”)
• Assault with a Firearm

The Different Types of Assault and Battery in San Diego

“Aggravated Assault” is a commonly used term for the crime of “Assault with a Deadly Weapon” (ADW).   The California Penal Code 245 defines this crime as one that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another. In the first section of this code, it defines the crime of assault with a deadly weapon other than a firearm. Any item that can be used as a weapon can fall under this category.  Weapons can include almost anything (other than a body part) that has the ability to cause considerable harm to another if used in a threatening and forceful way. For example, a screwdriver that is used in an assault can qualify as a weapon even though it can also be used for innocent purposes.

However, assault with a firearm is also illegal in the state of California. The California “assault with a firearm” law prohibits assaulting someone with a firearm. You can be arrested by the police and charged in violation of this law by:

• firing a gun at another person
• pointing a loaded gun at another person, or
• using a gun to bludgeon or  ”pistol whip” another person.

Can Assault Occur Without Battery? 

California assault can take place even though no battery occurs. However, a battery necessarily includes an assault. This is because it is impossible to commit a battery (a willful act) without first attempting to do so.   Assault and battery charges can be classified in two ways: misdemeanor and felony. People are often charged with a felony when the assault or battery results in serious injuries. The misdemeanor categorization is used when the incident, such as a fistfight, results only in minor injuries.

California assault and battery are severe charges. Because conviction on these charges carries with it serious penalties, such as jail time and heavy fines, it is important that you take any and all investigations or assault and battery arrests very seriously. Experienced legal counsel will be your best defense. If you have been charged, contact an assault and battery attorney at our law firm as soon as possible after an arrest.

What Needs to be Proven in Your San Diego Assault Case

In order to prove an assault under CPC 240, it must be shown that:

• The defendant participated in an action that would have probably resulted in the use of force to another.
• The defendant participated in that action willfully.
• When the defendant willfully acted, he/she was conscious of the fact that this action would probably result in the use of force against another.
• When the defendant acted, he/she had the ability to apply force to a person.

If you are arrested for a battery charge a prosecutor must prove under CPC 242 that you willfully used force or violence upon another. “Willfully” means that the defendant had the willingness or desire to use force.  Touching the other person, his or her clothing, or something attached to or closely connected to that person can often be charged like a battery if the intent of harm was found to be present.

What To Expect if You Are Charged with Assault or Battery

Being charged is a serious matter. If convicted of this offense in court, you could end up in jail for up to 6 months or pay a fine up to $1,000. And if you get an enhancement – an action that results in more penalties – you could see more jail time:

• Assault/Battery Issuing Great Bodily Injury (GBI): Up to 4 years
• Assault/Battery with a Firearm: 20 years
• Assault/Battery with a Machine Gun or Semiautomatic Weapon: Add 12 years to your sentence

To fight these charges, you will need the legal advice of an experienced criminal defense lawyer from one of the top law firms in San Diego. Although it is not required, it is strongly recommended you work with a San Diego criminal defense attorney instead of a public defender. Contact one of our lawyers today.

What Are the California Assault and Battery Statutes? 

Statute 240.

An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

Statute 242.

A battery is any willful and unlawful use of force or violence upon the person of another.

Statute 245. (a)(1)

Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

Penal Code 245 (01) is assault with a weapon that is likely to cause great bodily injury. This is a serious crime that carries up to three years in prison (more if great bodily harm was inflicted). Anything that is used to strike a person is a weapon. It does not matter if you actually harm the victim. If your words and actions made the victim feel as if they were in danger, you are guilty of assault.

Get Experienced Legal Help From San Diego Attorney Elliot Kanter

Do you need an experienced lawyer? Call Elliott Kanter. It can be a very frightening experience if you or someone in your family is charged with assault—but remember, you have rights. What you shouldn’t do is a delay in calling a lawyer who can get you through this difficult time with skill and compassion. Our attorneys have over 40 years of experience defending clients in various criminal cases. Some of our law firm’s many practice areas include assault and battery, DUI, probation, juvenile crimes, theft, elder abuse, fraud, and drug crimes. So please contact The Law Office of Elliott Kanter by filling out the form on this website for a free consultation today. You can also email ekanter@enkanter.com to discuss your case in privacy. Come into our office, located at 2445 5th Ave, Suite #350, San Diego, 92101. Tell us your side of the story, and together we’ll get started on your battery or assault case.