California Assault and Battery Laws
California assault law and California battery law are severe in practically every instance. They cover a wide array of crimes that could result in serious prison time. Individuals who are charged with these crimes need to become familiar with California law and with associated penalties. Familiarity with the law is the first step towards building a good defense.
According to California assault law, assault is a charge that is often related to confrontations between two or more parties. It is a charge that involves the threat of harm in one form or fashion. An assault charge can be leveled against an individual for behavior such as spitting or intimidation that does not involve actual contact. An individual only has to show that they have been placed in a position where they believed harm would come to them.
In many cases, assault charges rely on the context behind the crime or between the interaction between two people. An assault is much easier to prove if there are one or more witnesses who can testify about the nature of the interaction and support the plaintiff’s version of events. Due to the amorphous nature of many circumstances behind assault charges, these charges can carry a wide variety of assault penalties. Read about Miranda rights
California Crime of Battery
Battery is a specific charge that is closely related to assault. An act of misdemeanor battery California is a crime where an individual directly strikes one or more other individuals. The severity of the misdemeanor battery California is usually related to the circumstances of the attack and the injuries that an individual sustains. Battery can also be made more serious by the presence of a weapon of some kind. The charge of the California crime of battery can be proven with witness testimony or photographic or video evidence. One of the most common forms of evidence for this charge is a photograph of bruises sustained during battery. Such photographs can lead to higher battery penalties and often make a battery case airtight when attached to a reasonable, truthful individual.
Assault and battery are charges that can lead to a wide variety of potential penalties for assault and battery. According to Penal Code 242 PC, both charges can be misdemeanors if they are minor and do not cause violent injury that require expenses or hospital stays. An individual can usually stay out of jail or avoid a find in such instances where Penal Code 242 PC is applicable.Penalties for assault and battery increase significantly in the state of California in a number of different circumstances. Assault and battery that do lead to violent injury or occur during the commission of another crime can compound the associated penalty. Assault with a deadly weapon with intent to kill is one of the most serious forms of crime that an individual can be charged with. Penalties for felony assault and battery can result in decades in prison for repeat offenders.
What to do
Anybody arrested for assault or arrested for battery will have to go through the normal booking process. They will be handcuffed and taken to a booking facility where they will go in front of a judge. The judge will determine the bail process that the individual will have to go to and set their court date. People charged with assault or battery should work as hard and as quickly as possible to secure release from jail. Once they are released from jail, they should contact a lawyer and start collecting witnesses and evidence. The lawyer will advise them on how they should put together their case and potentially pursue a plea deal. A plea deal with often be based on the evidence available, an individual’s criminal history, and the penalties for felony assault and battery associated with their case.
A person who is arrested for assault or arrested for battery does not need to panic. They do not need to start worrying about assault penalties or battery penalties just yet. Instead, they should instead focus as closely as possible on getting out of jail through any legal means available. Getting out of jail gives an individual time and reduces their stress load before their next court date. Such an action ensures that a person can put together a good defense that has the best possible chance of success in the courtroom.