![\"california](\"https:\/\/wefight4you.com\/wp-content\/uploads\/2017\/03\/assault-battery.jpg\")
<\/p>\nIn California assault is different than battery. Assault and battery are two different things in California but they are frequently confused.<\/p>\n
<\/p>\n
For a criminal jury to convict a defendant on trial for assault in California under PC 240, all of the following must be true:<\/strong><\/p>\n Judicial Council of California Criminal Jury Instructions (\u201cCALCRIM\u201d) 915 \u2013 Simple Assault (Pen. Code, \u00a7 240). (\u201cThe defendant is charged [in Count ] with assault [in violation of Penal Code section 240]. To prove that the defendant is guilty of this crime, the People must prove that: 1 The defendant did an act that by its nature would directly and probably result in the application of force to a person; 2 The defendant did that act willfully; 3 When the defendant acted, (he\/she) was aware of facts that would lead a reasonable person to realize that (his\/her) act by its nature would directly and probably result in the application of force to someone; [AND] 4 When the defendant acted, (he\/she) had the present ability to apply force to a person(;\/.) [AND 5 The defendant did not act (in self-defense\/ [or] in defense of someone else).]\u201d)<\/p>\n<\/div>\n<\/div>\n In California assault and California battery are actually two distinct crimes, even though you often hear people use the phrase \u201cassault & battery\u201d . The California crime of battery consists of the actual use of unlawful force or violence against someone else (not just an attempt to do so).<\/p>\n Penal Code 240 PC \u2013 Assault defined. (\u201cAn assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.\u201d)<\/p>\n<\/div>\n<\/div>\n Here are examples of situations where California assault charges may be filed:<\/p>\n A man hits on a woman at a night club in a way she finds offensive, then she throws the martini glass containing her lemmon drop at him; Penal Code 240 PC simple assault is a misdemeanor in California law.Penal Code 240 PC \u2013 Assault defined. (\u201cAn assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.<\/p>\n The penalties for California assault in most cases include up to six months in a county jail and\/or a fine of up to $1,000.<\/p>\n Penal Code 240 PC \u2013 Assault defined. (\u201cAn assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.\u201d)<\/p>\n<\/div>\n<\/div>\n You can be charged and convicted of California assault even if no one was actually hurt. As a result, it is easy for someone who tries to obey the law and avoid crime to find themselves facing PC 240 charges.<\/p>\n A California criminal defense attorney<\/strong> can help. There are several powerful legal defenses you can use to fight these charges. These include:<\/p>\n You did not actually have the ability to inflict force\/violence on the other person; In order to help you better understand California assault laws<\/em>, our California criminal defense attorneys will address the following:<\/p>\n A prosecutor must prove all of the “elements” of the crime of assault in order for you to be found guilty of assault. Those elements are:<\/p>\n You did an act that, by its nature, would probably result directly in the application of force to someone else; Let’s delve a bit more deeply into these elements of the crime of assault to better understand their meaning.<\/p>\n The definition of \u201capplication of force\u201d is any harmful or offensive touching. The slightest touching will count if it is done in a rude or offensive manner.<\/p>\n A California assault can occur even if the touching involved did not or could not cause any sort of injury. Even indirectly touching by causing an object to touch the \u201cvictim\u201d is sufficient.<\/p>\n Example: Adam gets in an argument with a store clerk who has wrongly accused him of stealing. Adam loses his temper and spits in the clerk’s face. This may still count as an assault under California law even though there was no chance of him injuring the clerk by spitting in her face.<\/p>\n Note that you don’t need to actually have succeeded in applying force to the other person. All that is required is that you took an action that would probably have resulted in force being applied to the other person.<\/p>\n Example: Let’s return to the example of Adam from above. Let’s say that he is some distance away from the store clerk when he spits at her, so he misses and his saliva does not actually land on the clerk. But he may still be guilty of assault because it could have landed on her.<\/p>\n You act \u201cwillfully\u201d when you do something willingly or on purpose. You do not need to have intended to hurt someone, break the law, or gain any advantage.<\/p>\n Bobby is trying to join a fraternity at his university. As part of his initiation, he is told to sneak up on Professor Charles, an unpopular professor, pin him down, and tickle him. Bobby does this one day during class.<\/p>\n But to Bobby’s surprise, one of the students in class calls the campus police. They contact Bobby and he is arrested for assault.<\/p>\n Bobby had no intention of actually hurting Professor Blume or breaking the law. But because the tickling can be deemed \u201coffensive touching,\u201d and he acted on purpose, Bobby may still be charged with PC 240 assault.<\/p>\n Keep in mind that you don’t need to have actually intended to touch the \u201cvictim\u201d for California assault laws to apply. You only need to have been aware under the circumstances that there was a good chance your actions would lead to force being applied.<\/p>\n David and Eddie are competing for the same female. One night David and his cousin drive to Eddie’s home. Eddie comes outside with a hunting rifle and tells David to go away. Eddie then fires his rifle at the right rear tire of David’s car, while David is standing near the driver’s side door on the other side of the truck. David’s cousin is getting into the car on the right side when Eddie fires.<\/p>\n Eddie just wanted to intimidate David and his cousin, he did not intend to injure them. But because he was aware that they were near the truck, and thus that there was a good chance of one of them being injured by the rifle, he is guilty of assault (and even Penal Code 245(a)(1) assault with a deadly weapon).<\/p>\n The difference between battery and assault confuses many people, especially since the phrase \u201cassault & battery,\u201d suggests that they are the same thing.<\/p>\n California battery and California assault are in fact completely different charges. The major difference is that:<\/p>\n Penal Code 240 assault is an action that may inflict physical harm or unwanted touching on someone else, and PC 240 assault is a California misdemeanor. The potential penalties include:<\/p>\n Misdemeanor probation\/summary probation ; The punishment for California assault is steeper if the victim falls into certain job categories. These categories are:<\/p>\n Peace officer (police or other law enforcement), If the victim falls into one of these categories and you knew or reasonably should have known that they did, then the maximum punishment increases to one year in county jail and fines up to $2,000.<\/p>\n The maximum fine for assault also increases to $2,000 if the victim is a parking control officer engaged in the performance of his\/her duties.<\/p>\n<\/div>\n<\/div>\n Nobody wants to have an assault conviction on their record, pay a fine, or go to jail. The word “assault” may make people think you have a violent nature, when in reality anyone can be convicted of assault for actions that are hardly violent.<\/p>\n To win against California assault charges, you and your criminal defense attorney may be able to use some or all of the following defenses:<\/p>\n One of the elements of California assault is that the accused must have had the ability to inflict force on the \u201cvictim.\u201d If the accused did not have that ability, then s\/he is not guilty of assault.<\/p>\n Frank and George get into a verbal argument at a club. Bystanders immediately separate them, and move them to opposite sides of the room. From his side of the room, Frank swings in George’s direction.<\/p>\n Frank is not guilty of assault for swinging his arms toward George because George is too far away by now that there is no way he was able to actually hit him.<\/p>\n Self-defense\/defense of others is a viable legal defense against assault charges (and other charges too) when all of the following are true:<\/p>\n You reasonably believed that you or someone else was in imminent danger of suffering bodily injury or being touched unlawfully; Henry has had a bad relationship with a neighbor in his apartment building, Larry, for a long time. One day Larry confronts Henry in the parking lot where he is washing his truck. Larry pokes Henry in the chest.<\/p>\n Henry responds by pushing Larry. Larry then slips on the wet ground and falls, badly injuring his shoulder.<\/p>\n Even though all Henry did was poke Larry in the chest, Larry may still be able to defend against assault charges by claiming self-defense. Henry was touching him unlawfully, and pushing Henry was a reasonable response to that touching.<\/p>\n However, if a confrontation only involves words, no matter how offensive, that is not enough to justify assaulting the other person. You can only claim self-defense\/defense of others if you reasonably believed someone was in danger of an unlawful touching or physical injury.<\/p>\n If you didn’t \u201cwillfully\u201d attempt to use force against someone else, then you aren’t guilty of PC 240 assault.<\/p>\n Maybe your actions were accidental or they were misinterpreted by the alleged \u201cvictim.\u201d In this case, your criminal defense attorney can ensure that the prosecutor and jury understand all the facts.<\/p>\n It is relatively easy for a false charge of assault to stick to you because there is no requirement for physical evidence. The alleged victim may have falsely accused you because of:<\/p>\n jealousy, As mentioned earlier, the California crime of battery, Penal Code 242 PC, requires actual force or violence against someone else.<\/p>\n But note that you can be guilty of battery in California even if you did not in fact injure the alleged victim (just like assault does not require an injury either). The only requirement for battery is that you succeeded in touching him\/her in a harmful or offensive manner.<\/p>\n Battery is a misdemeanor, punishable by a fine of up to $2,000 and\/or a county jail sentence of up to six months.<\/p>\n But if you in fact seriously injure the victim, then you will face tougher penalties for battery causing serious bodily injury, Penal Code 242(d) PC. This offense may be charged as either a misdemeanor or a felony because under California law it is a “wobbler.”<\/p>\n If charged as a felony, battery causing serious bodily injury is punishable by up to four years in prison.<\/p>\n If you are alleged to have committed an assault with either<\/p>\n a deadly weapon (like a knife or gun), or ADW is a wobbler too. As a misdemeanor the maximum sentence is one year in county jail, but as a felony it can go up to four years.<\/p>\n<\/div>\n<\/div>\n California “disturbing the peace” laws are covered by Penal Code 415 PC. This section makes it a crime to:<\/p>\n<\/div>\n<\/div>\n fight someone in public, If you are charged under PC 240 for a California assault and the evidence against you has weaknesses in it, the prosecutor may agree to negotiate and offer reduced charges of PC 415 disturbing the peace. This can be a favorable offer for a defendant because the punishment for disturbing the peace is much lighter than that of assault.<\/p>\n\n
\nMore<\/div>\n\n\nMore<\/div>\n\nExamples<\/h4>\n
\nDuring a confrontation over a parking spot, one man attempts to punch the other but the stranger ducks and avoids being punched; and
\nThree teenagers throw stones at a neighbor while she is mowing the lawn.<\/p>\nPenalties<\/h4>\n
\nMore<\/div>\n\nLegal defenses<\/h3>\n
\nYou did not act willfully or with the required intent;
\nYou acted in self-defense or defense of someone else; and
\nYou were wrongfully accused.<\/p>\n\nPenal Code 240 PC, California’s assault law<\/strong>, sets out the legal definition of California assault.<\/div>\n\n
\nYou did that act willfully;
\nWhen you acted, you were aware of facts that would lead a reasonable person to believe that the act would directly and probably result in the application of force to that person; and
\nWhen you acted, you had the present ability to apply force to that person.<\/p>\nApplication of force<\/h2>\n
Willfully<\/h4>\n
Example:<\/h4>\n
Aware that the act might lead to the application of force<\/h4>\n
Example:<\/h4>\n
Assault vs. battery in California<\/h4>\n
\nPenal Code 242 battery is the actual infliction of force or violence on someone else.<\/p>\n<\/div>\n<\/div>\n\nPenalties for Penal Code 240 PC Assault<\/div>\n\n
\nUp to six months in county jail; and\/or
\nA fine of up to $1,000.<\/p>\n<\/div>\n<\/div>\n\nAssault on a law enforcement officer or emergency personnel<\/div>\n\n
\nDoctor or nurse providing emergency medical care,
\nFirefighter,
\nAnimal control officer,
\nEmergency medical technician (EMT) or paramedic,
\nLifeguard,
\nProcess server,
\nTraffic officer,
\nCode enforcement officer, or
\nSearch and rescue member.<\/p>\n\nLegal Defenses to California Assault Charges<\/div>\n\nYou did not have the ability to inflict force or violence<\/h4>\n
Example:<\/h4>\n
You acted in self-defense\/defense of others<\/h4>\n
\nYou reasonably believed that the immediate use of force was necessary to defend against that danger; and
\nYou used no more force than was reasonably necessary to defend against that danger.<\/p>\nExample:<\/h4>\n
You did not act willfully or with the required intent<\/h4>\n
You were falsely accused<\/h4>\n
\nanger, or
\ndesire for revenge.
\nExperienced California criminal defense attorneys know how to gather evidence and interview witnesses to make sure the true story comes out. They have certainly dealt with this before.<\/p>\n<\/div>\n<\/div>\n\n“PC 242 California battery\/battery causing serious bodily injury<\/div>\n\n
\nother means of force likely to cause great bodily injury,
\nthen you will probably face the charge of Penal Code 245(a)(1) assault with a deadly weapon, also known as ADW.<\/p>\n\nPC 415 disturbing the peace<\/div>\n\n
\nmake unreasonable noise so as to disturb others, or
\ndirect provocative “fighting words” toward another person in public.
\nDisturbing the peace is a low misdemeanor carrying a maximum punishment of 90 days in jail. It can also be considered an infraction in some cases.<\/p>\n