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Assault and Battery

Assault and Battery Laws in California - Penal Code 240 and 242 PC

Assault (Penal Code 240) is a misdemeanor crime. In order to obtain a conviction, the prosecutor has to prove beyond a reasonable doubt that you intentionally did something that would likely cause a physical force to impact another person; you were aware of the likely result of your action and could impact that individual with physical force.

In order to obtain a conviction for assault, it is not necessary that you actually struck another person or even made physical contact with them. It is not even necessary for the other person to sustain an injury.

Battery (Penal Code 242) is also a misdemeanor crime. In order to obtain a conviction, the prosecutor has to prove that you intentionally applied force against another person or used violence against them.

In addition to these charges under California law, there are more specific versions of assault and battery. These include:

  • assault with a deadly weapon that would likely result in great bodily injury (Penal Code § 245(a)(1),
  • assault with an assault weapon (Penal Code § 245(a)(3),
  • assault with a stun gun or a less lethal weapon (Penal Code § 244.5(b)),
  • assault with a deadly weapon on a police officer (Penal Code 245(c))
  • battery with serious bodily injury (Penal Code § 243),
  • battery against spouse, etc. (Penal Code § 243(e)(1), 
  • sexual battery (Penal Code § 243.4),
  • battery on a police officer - (Penal Code 243b and 243c PC).

Many Assault and aggravated assault charges are considered serious and violent crimes by law enforcement agencies. They include:

  • Assault causing bodily harm
  • Assaulting a police officer
  • Rape
  • Assault with a deadly weapon, such as a knife, gun, or blunt instrument
  • Withholding of sustenance for the survival of your spouse & children

In the state of California, the fines and penalties for violent crimes range from $2,000 to jail time of up to a year or longer, possibly six months of probation, and various community services. A conviction can also have long-term consequences, affecting your employment opportunities and personal relationships.

It's crucial to note that the judge can significantly increase the above penalties due to the circumstances of each case, such as a prior record. This underscores the importance of a robust defense strategy.

Given the potential severity of the penalties and the possibility of increased penalties due to circumstances, it is essential to build a strong defense on your behalf, especially if you are not guilty of the charges that have been brought against you. This should provide you with a sense of reassurance that you have legal support.

How Can I Fight the Charges?

The penalties for this crime are stiff and could result in a life sentence. It is vital that you speak with a Los Angeles criminal lawyer first, not the police, in order to protect your rights.

Far too often, a lawyer is called on after the fact, which makes preparing a defense much more difficult.

The violent crimes attorneys at Cron, Israels & Stark are known and respected for aggressively fighting on your behalf if you are facing criminal charges for assault or aggravated assault.

Our firm offers an initial no-cost consultation, so there is no need to wait for help during this stressful time. To set up an appointment, simply call our office or fill out the contact form on our website. Remember, your freedom is at stake.

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Cron, Israels & Stark is committed to answering your questions about All Misdemeanor and Felony Crime law issues in Santa Monica and Los Angeles, California.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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