Arrested for Assault and Battery in Temecula or Murrieta?
The term "assault and battery" is widely misunderstood. Most
people believe that the term assault and battery consist of striking another
individual. This belief is far from correct. Actually assault and battery
are two separate crimes.
Assault in violation of California Penal Code 240 takes place when a person threatens
another with bodily harm with a present ability to cause the harm. You
do not need to actually touch a person to assault them. If a person feels
threatened or in fear of their life due to your threat of bodily harm
against them, you can be convicted of assault. For example, raising your
fist in anger or pulling a knife on someone can constitute assault.
Battery occurs when a person intentionally touches someone else with a hand, foot
an object or a substance, and is done against that other person's
will. There are many ways a prosecutor can charge an individual with battery,
depending of the specific facts of each situation. For example, a "simple
battery" would be a violation of Penal Code section 242; while a
more serious battery would be "domestic violence" in violation
of Penal Code sections 273.5 or 243(e)(1) or "battery causing serious
injury" in violation of section 243(d) or 245 and 12022.7.
There are several legal defenses available when an individual has been
accused of assault and battery. Here are two of the most common:
1. Legally Established Defenses
There are three types of defenses that fall under this general category:
self defense, defense of others and defense of property. Self defense
occurs when an individual uses reasonable force to protect himself from
physical harm. An individual can also defend another by using reasonable
force to protect that individual. Lastly, an individual can use reasonable
force to defend his or her belongings. In all the defenses mentioned,
the key word is "reasonable force". You cannot pull a knife
or a gun on someone if that person threatened to throw popcorn at you.
2. Defense of Mutual Combat
The defense of mutual combat comes up when individuals voluntarily agree
to fight. Unless there is excessive force (for example kicking someone
who is already knocked out) nobody involved in the fight is likely to
be convicted of the crimes of assault and battery.
If you are charged with assault or battery in Temecula, Murrieta, Hemet,
Lake Elsinore, Menifee, Wildomar, Perris, Banning, Corona or Riverside,
you should not take the matter lightly. Contact the Law Office of Nic
Cocis & Associates and we can help guide you through this difficult time.