What to Do If You’re Accused of Assault or Battery
Allegations of assault or battery can change your life in an instant. In Santa Rosa and throughout Sonoma County, these charges are taken seriously. Even a misdemeanor conviction can carry lasting consequences.
However, an accusation does not mean you are guilty, and those facing assault or battery charges in California have legal rights. At the Law Office of Amy Chapman, we help our clients protect these rights while building a strong legal defense strategy based on the unique facts of each case.
If you’ve recently been charged with assault or battery in California, our Santa Rosa criminal defense attorneys are here to help. Contact us today at 707-636-3207 to learn more about your legal rights in a free consultation.
How is Assault Defined in California?
Under California Penal Code §240, assault is defined as an unlawful attempt, combined with present ability, to commit a violent injury on another person. In practical terms, this means prosecutors do not need to show that force was actually used. Instead, they must show that you intentionally engaged in conduct that could have resulted in immediate physical harm.
For example, actions that could result in an assault charge might include raising your fist and moving toward someone during an argument, lunging at another person, or throwing an object that narrowly misses someone. Even if the other person was never touched, the law focuses on the attempt and the immediate capability to carry it out.
To secure a conviction, prosecutors must prove several elements beyond a reasonable doubt:
- That you acted willfully, not accidentally
- That you had the present ability to apply force
- That your actions likely would have resulted in force if they were not interrupted
What Counts as Battery Under California Law?
Battery differs from assault in one key aspect: it involves physical contact. However, that contact does not have to be violent or cause injury. Under California law, even minimal or momentary touching can be enough to support a battery charge.
Under California Penal Code §242, battery is defined as the willful or unlawful use of force or violence upon another person. The law interprets “force or violence” broadly. Any unwanted physical contact can qualify if it is done intentionally and without legal justification. The focus is not on how much force was used, but whether the contact was unlawful under the circumstances.
To prove battery, prosecutors must establish that the defendant acted willfully and that the touching was not accidental. They must also show that the contact was unlawful, meaning it was not justified by self-defense, defense of others, or another recognized legal reason. Injuries are not required, and a lack of visible harm does not prevent charges from being filed.
Immediate Steps to Take After Being Accused
If you are accused of assault or battery, it’s important to choose your next steps wisely. Your actions can potentially affect the outcome of your case.
Avoid arguing, explaining, or trying to resolve the situation on your own. Emotional reactions often create problems rather than solutions. Remain calm and do not escalate the situation.
You have the right to remain silent, and it is usually best to exercise that right until you have spoken with an attorney. Do not contact the alleged victim or discuss the incident with friends, family, coworkers, or on social media.
Taking a measured, cautious approach helps protect your rights while your criminal defense lawyer explores your defense options.
Common Legal Defenses to Assault and Battery Charges
If you are facing assault or battery charges, one of your first steps should be to contact an experienced Santa Rosa criminal defense lawyer. A strong defense focuses on challenging the prosecution’s version of events and presenting lawful explanations for what occurred.
Self-Defense or Defense of Others
Self-defense is one of the most common and effective defenses in assault and battery cases. California law allows you to use reasonable force if you genuinely believed that you or someone else was in imminent danger of being harmed.
The key issues are whether that belief was reasonable under the circumstances and whether the amount of force used was proportional to the perceived threat. Even when physical contact occurs, lawful defense of yourself or others can legally justify your actions.
Lack of Intent
Both assault and battery require a willful act. If the alleged conduct was accidental, reflexive, or misunderstood, the legal elements for a conviction may not be met. If your criminal defense lawyer can prove that the unintended contact was later mischaracterized as criminal behavior, this could be a valid legal defense.
False Allegations
Unfortunately, not all accusations are truthful. Assault and battery allegations may arise from personal disputes, relationship conflicts, custody disagreements, or attempts to gain leverage in another legal matter. In these cases, an assault and battery defense attorney may focus on inconsistencies in statements, witness credibility, and motives for exaggeration or fabrication.
Insufficient Evidence
The prosecution bears the burden of proving every element of the charge beyond a reasonable doubt. In some cases, the evidence may simply be too weak to support a conviction. Challenging the reliability and completeness of the prosecution’s evidence is often a central part of the defense strategy.
Understand the Potential Consequences for Assault and Battery in California
The penalties for assault and battery in California depend on how the charge is classified and the specific facts alleged. A simple misdemeanor can become a serious felony if aggravating factors are involved. Here are some of the most common assault and battery charges in California and the potential penalties tied to each.
Simple Assault
Simple assault is a misdemeanor punishable by up to six months in county jail, a fine of up to $1,000, summary probation, or a combination of these penalties.
Simple Battery
Simple battery is also a misdemeanor and involves unlawful physical contact, even if no injury occurred. Penalties include up to six months in county jail, a fine of up to $2,000, or a combination of these penalties.
Battery Causing Serious Bodily Injury
When battery results in serious bodily injury, the charge may be filed as either a misdemeanor or felony, depending on the allegations. A misdemeanor conviction may result in up to one year in jail and up to $1,000 in fines, while a felony conviction is punishable by 2-4 years in jail and up to $10,000 in fines.
Battery Against a Protected Person
Penal Code §243 deals with battery involving protected individuals, such as peace officers, firefighters, emergency medical personnel, and certain healthcare workers. Depending on the circumstances, these cases may be charged as misdemeanors or felonies.
This charge is most commonly charged as a misdemeanor, punishable by up to one year in county jail and/or $2,000 in fines. The charge may be upgraded to a felony if the alleged victim needed medical attention, and is punishable by up to 3 years in jail and/or $10,000 in fines.
Assault Likely to Cause Great Bodily Injury
Assaults that involve “great bodily injury”, such as broken bones or gunshot wounds, carry their own distinct charge. These cases can be prosecuted as either misdemeanors or felonies. A misdemeanor conviction is punishable by up to one year in county jail and a fine of up to $10,000. Felony charges are punishable by 2-4 years in state prison.
Learn More From a Santa Rosa Criminal Defense Lawyer
An assault or battery accusation does not need to define your future. Understanding your rights and getting experienced legal guidance can potentially make a meaningful difference. If you are facing these charges in Santa Rosa, the Law Office of Amy Chapman is here to protect your rights and help you build a legal defense. Contact us today at 707-636-3207 to discuss your case in a free consultation.