Assault & Battery
Being arrested for an assault or battery means the police think you’ve committed a crime of violence. It could be for a simple misdemeanor assault to a felony domestic violence battery causing great bodily injury. Either way, the police departments, the district attorney’s office and courts do not take these alleged crimes lightly. They are most of the time vigorous in the prosecution of t hem especially since the O.J Simpson case many years ago.
It is vital to hire an experienced criminal defense attorney when you are being charged with these crimes. It is equally as important when you are being initially investigated relating to accusations of being involved in these alleged crimes, before any charges are filed, to contact an attorney who has dealt with the police departments, district attorney’s offices and the courts relating to these types of charges.
You need someone experienced and aggressive like Gregory B. Pike to aggressively protect your rights from the start before any charges are filed. Remember, anyone can accuse you of an assault or battery and because of that you will be placed in a position to defend yourself before even being charged and before you’ve had a chance to defend yourself. Because of the complexity of this are of law and the severity of the punishments when they reach the stage of felony charges, which carries state prison time, it is imperative that you immediately contact me, I am an experienced criminal attorney that has had 25 years of trial experience in all the courts of Southern California.
Below, I have talked about an assault and a battery and their elements. Again, a simple battery can escalate into more severe charges of Domestic Violence and Sexual Assaults. Please refer to my talk on these more serious charges in the Sex Crimes and domestic violence sections.
Assault
A simple assault set forth in Penal Code Section 240 is:
“An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Punishment: Misdemeanor; 6 months County Jail
However, as with Battery, this code Section expands into many others relating to assaults including, but not limited to, peace officers, firefighters, lifeguards, process servers, medical personnel, code enforcement officers, school employees, animal control officers and members of the United States Armed Services. These are all misdemeanors only punishable in the county jail.
But if you assault a juror pursuant to Penal Code Section 241.7 then it can either be a misdemeanor or a felony punishable in the State Prison for 16 months, 2 or 3 years.
- What if what you did was not “unlawful”?
- What if you didn’t have a “present ability”...to commit a violent injury on the person of another?
- What if drugs or alcohol were involved?
- What if you were provoked?
- What if you were someone under the age of 15 or 12 or 10 or 7?
- What if you were defending yourself or someone else?
- What if you didn’t know someone was there when you did something that involved them?
Even though these statutes seem simple they are far from simple!
Assault statutes can be complex. As such, it is very important that you chose a Lawyer that has the experience to handle such complex situations. If you are charged with such a crime you need to contact the Law Offices of Gregory B. Pike and speak to Mr. Pike immediately to protect your rights.
All initial consultations are free and confidential.
Call from anywhere toll free at (888) 387-1101
Or email at gregorypike@gmail.com
Battery
Battery can be committed by the slightest willful touching of another if it’s done in a rude or angry way. Making contact with another person including through his or her clothing is enough to constitute the crime of Battery. You don’t even have to cause injury or even cause pain. The touching can be done indirectly by causing an object or even another person to touch the other person.
It is not defense that you were provoked by words of another no matter how provocative, exasperating or offensive.
Penal Code Section 242 (Battery Defined)
“A battery is any willful and unlawful use of force or violence upon the person of another.”
Punishment: (Penal Code Section 243)
Basically a battery is a misdemeanor punishable in the county jail for 6 months and a fine. However, that’s only the starting point. If the battery involves people like police officers, code enforcement officers process servers and lifeguards, to name only a few, then the price tag goes up to 4 years in the State Prison.
Penal code section 243.4 (Sexual Battery)
“Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification or sexual abuse is guilty of sexual battery.”
Of course, it is always fact driven with respect to (1) whether of not that person was restrained; (2) any touching was against the will of the person touched and, (3) whether or not the touching was, in fact, specifically for the purpose of sexual arousal, sexual gratification or sexual abuse. These are all elements that have to be proven beyond a reasonable doubt before a jury of 12 citizens before one can be found guilty of this crime.
Punishment: It’s what we call a wobbler; that is to say, it can be a misdemeanor or a felony, in this case in the county jail for no more than 1 year in the State prison 2 3 or 4 years.
Penal Code Section 243 (d) (Serious Bodily Injury)
“When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment in the state prison for two, three or four
years.”
Penal Code Section 243 (e)(1) (Spousal Battery)
“When a battery is committed against a spouse, a person with whom the defendant is cohabitating, a person who is the parent of the defendant’s child, former spouse, fiance, or fiancée, or a person with whom the defendant has, or has previously had, a dating or engagement relationship…”
Punishment: 1 year in the County Jail (and other conditions)
Penal Code Section 245 (Assault with a Deadly Weapon or force likely to produce great bodily injury)
“(a)(1) 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 the county jail for not exceeding one year…”
There are Sections relating to battery against jurors, school employees sports officials and members of the United States Armed Forces. The District Attorney or City Attorney depending on the jurisdiction can charge multiple counts (Sections), the effect of which is to bump up the conduct to the status of a felony which carries with it State Prison time.
Battery statutes can be very complex. As such, it is very important that you chose a Lawyer that has the experience to handle such complex situations. If you are charged with such a crime you need to contact the Law Offices of Gregory B. Pike and speak to Mr. Pike immediately to protect your rights.
All initial consultations are free and confidential.
Call from anywhere toll free at (888) 387-1101
or email at gregorypike@gmail.com
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