Understanding Assault and Battery Charges

In California, assault and battery are two distinct criminal charges. Assault is the intentional attempt or threat to unlawfully make contact with or injure another person in a violent manner, and battery is the charge for actually injuring an individual. Assault, unless a law enforcement officer is involved, is generally treated as a misdemeanor while aggravated assault or battery, especially when a weapon or tool is involved, is treated as a felony crime.

Defining or characterizing a defendant's actions between assault and battery, and whether or not they are intentional are the key points reviewed in prosecution cases involving assault and battery. Typically there are a few distinctions in assault and battery cases that must be examined carefully by experts to determine if the charge is legally applicable including:

• At the time of the crime did the defendant have the ability to commit the crime?

For instance if the defendant can prove he/she was not at the location of the incident, also known as establishing an alibi, or was physically incapable of committing the crime, that person cannot be charged for an assault or battery.

• Was it an unlawful attempt at assault or battery or was there consent?

This distinction is very important in cases where athletic events, sexual activities, medical procedures such as surgery or body alterations such as piercings and tattoos may be perceived incorrectly as an attempt at bodily harm. In sporting events in which the participants consent to follow certain rules to participate, if those rules are agreed to and strictly followed an individual cannot be criminally charged.

• Was the assault intentional?

In some cases circumstances such as accidents or crimes involving intoxication are added variables, although generally intoxication is only accepted as a defense if the intoxication is involuntary.

Criminal Defense Attorney in Orange County

Cases involving assault and battery are filled with many different variables, both apparent and unclear. If you or a loved one is facing criminal charges you need to contact a criminal defense lawyer with the knowledge and expertise to ensure every detail is examined so your freedom and rights are protected. Contact the legal team at Aguilar & Sonnonstine, APC as soon as possible if you have been charged with assault and battery.

Contact a Santa Ana Assault & Battery Defense Attorney today.