Fresno Assault and Battery Lawyer

What is the Difference Between Assault & Battery?

Assault and battery are two terms that are often used interchangeably. However, in the state of California, assault and battery are two separate crimes covered by their own laws. While most people imagine an assault as beating up another person, you can be arrested for this offense without ever actually making physical contact with the alleged victim. You can also be charged with battery in California without actually causing any type of serious injury. Either way, an assault or battery charge can result in criminal penalties as well as the disadvantage of being stuck with a criminal record for the future.

What is Assault in California?

California Section 240 refers to assault as an unlawful attempt to commit a violent injury on someone else. It is an intentional act that includes the ability to actually cause injury. However, the keyword is “attempt,” meaning you do not have to make physical contact with the other person but merely engage in some action that could likely harm them. Thus, throwing a rock at someone one without hitting the other person could be called simple assault.

Simple assault is charged as a misdemeanor carrying penalties of up to six months in jail and/or fines of up to $1,000, probation, and potential restitution to the victim.

What is Battery in California?

While assault is the attempt to use force on another, battery is actually using force on someone. It is intentional, includes the ability to cause harm, as well as making some kind of contact. For battery to occur, you must throw the rock at someone and actually hit the person.

Simple battery is also charged as a misdemeanor punishable by up to six months in jail and/or fines of up to $2,000, probation, and possible restitution to the victim.

If you cause actual serious injury to the other person, you may be charged with the separate offense of “battery causing serious bodily injury,” considered aggravated battery. Depending on the circumstances and degree of injury, this could result in a misdemeanor charge punishable as above or as a felony charge punishable by two, three, or four years in jail and fines of up to $10,000, probation, and possible restitution to the victim. 

Other Types of Battery

If you commit battery against a law enforcement officer, firefighter, emergency medical technician, or other public servant doing his or her job, you can also be arrested and charged for “battery on a peace officer.” This is covered by Penal Code 243(b) and 243(c)(2). It involves making contact in an offensive or harmful way and is considered a “wobbler,” meaning it may be charged as either a misdemeanor or a felony.

Other specific types of battery under California law include domestic battery, sexual battery, and elder abuse which may be charged as misdemeanors or felonies.

Understanding Your Rights After an Assault Charge

Facing an assault charge can be a daunting experience, but it's important to remember that you have rights and options available to you. At Sawl Law Group, we are committed to helping you navigate the legal landscape with confidence. Our experienced Fresno assault attorneys will work tirelessly to ensure that your voice is heard and your rights are protected throughout the legal process.

Here are some key points to consider if you find yourself dealing with an assault charge:

• Legal Representation is Crucial: Having a knowledgeable attorney by your side can make a significant difference in the outcome of your case. We will advocate for you, negotiate on your behalf, and provide expert guidance every step of the way.
• Understanding Potential Defenses: There are various defenses that may apply to your case, including self-defense, defense of others, or lack of intent. Our legal team will carefully assess the details of your situation to build a robust defense strategy.
• Impact on Your Future: A conviction for assault can have long-lasting implications on your personal and professional life. We are dedicated to minimizing the impact of these charges, helping you to move forward with your life.
• Exploring Plea Bargains: In some cases, it may be beneficial to explore plea bargain options. Our attorneys will analyze the specifics of your case to determine if this is a viable path for you.

Why Choose Sawl Law Group for Your Assault Case?

When facing an assault charge, having the right legal representation can make all the difference. At Sawl Law Group, we understand the complexities of assault cases and are committed to providing personalized legal strategies tailored to your specific situation. 

Here are a few reasons why you should choose us:

• Experienced Legal Team: Our attorneys have extensive experience in criminal defense, particularly in assault cases. We know the ins and outs of the legal system and how to navigate it effectively.
• Comprehensive Case Evaluation: We offer a thorough assessment of your case, identifying key factors that can influence the outcome. Our goal is to build a strong defense that protects your rights.
• Proven Track Record: With a history of successful case resolutions, our firm has earned a reputation for excellence. We strive for the best possible outcomes for our clients.
• Compassionate Support: We understand the emotional toll that assault charges can take on you and your family. Our team is here to provide not just legal support but also empathy and understanding throughout the process.
• Transparent Communication: We believe in keeping our clients informed every step of the way. You can expect regular updates and open lines of communication as we work together on your case.

Learn about our aggravated assault charges defense here.

Contact Our Fresno Assault & Battery Attorneys

If you are facing any type of assault or battery charge, you need strong advocacy from a legal professional who will fight for your best interests throughout the criminal justice process. Our legal team brings energy, focus, and commitment to ensuring that you have the best possible defense and thus increasing your chances for a positive result.

Reach out to our Fresno assault & battery lawyers at (559) 205-7757 to discuss your case today. We are available 24/7.