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, Winchester 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.