Assaults & Batteries
IF YOU HAVE BEEN IN A FIGHT, BEFORE YOU DO ANYTHING ELSE—TAKE PICTURES OF ANY INJURIES, NO MATTER HOW SMALL OR SLIGHT! Proof of your injuries may be key in proving self-defense. You must document every scratch, every bruise, every red spot, BEFORE it fades. You should also take pictures of damage to property before anything is repaired.
Assaults and batteries are generally charged as misdemeanors, but any offense involving a weapon or significant injury is likely to be charged as a felony. Related, but more serious violent crimes include brandishing a weapon, assault with a deadly weapon, assault causing great bodily injury, possession of a deadly weapon, and homicides. Many of these offenses are “strikes” under California’s three strikes sentencing schemes.
Common California assault and battery and violent offenses cases handled by our Orange County law offices include:
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If you have been charged with any of these crimes, don’t hesitate to contact or call Orange County criminal defense lawyer Staycie R. Sena at (949) 477-8088 today.
Questions About Assault & Battery Cases
Q: What is the difference between an “assault” and a “battery”?
A: An assault occurs when one reasonably thinks he is going to be hit by another. A battery occurs when that person is actually hit (or otherwise harmfully touched.)
Q: I was defending myself- isn’t this “self-defense”?
A: You are allowed to use reasonable force in defending yourself.
Q: I was defending someone else- is that a crime?
A: You are allowed to use reasonable force in defending someone else. You will have a much stronger case if that other person can be called as a witness on your behalf. If you have been in a fight, you should immediately get the names, addresses and phone numbers of witnesses.
Q: The other person has said he won’t “press charges”. Does this mean the case will go away?
A: Not necessarily. Plenty of cases have proceeded despite an alleged victim’s willingness to “drop” charges. Once charges have been brought, only the District Attorney’s office can dismiss a case. An experienced criminal defense attorney can, however, persuade the District Attorney that it is in the interest of justice to dismiss such a case.
Violence Laws
California Penal Code section 240 Assault:
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
California Penal Code section 242 Battery:
A battery is any willful and unlawful use of force or violence upon the person of another.
California Penal Code section 245(a)(1) Assault with force likely to produce GBI:
Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury 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.
California Penal Code section 245(a)(1) Assault with a deadly weapon with other than a firearm:
Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury 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.
California Penal Code section 422 Criminal Threats:
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
California Penal Code section 211:
Robbery Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
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| The Law Offices of Staycie R. Sena |
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| The Atrium Building | |
| 19200 Von Karman Ave. | |
| Suite 400 | |
| Irvine, CA | |
| 92612 | |
| Tel: | (949) 477-8088 |
| Fax: | (949) 477-8089 |
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