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Many people use the term "assault and battery" as a broad term to define any act where physical bodily harm is caused to one individual by another. However, "assault" and "battery" are two very separate offenses which do sometimes coincide. Assault is the threat of imminent bodily harm while battery is act upon the assault threat. According to Penal Code 242, 243 and 245, battery is the physical and unlawful contact of a person with intent to cause harm to the victim.
If you punch someone in the face during an altercation, you could be charged with the infamous assault AND battery. However, if you walk up to someone and blindly knock them out with a swing of your fist, you could be charged with just battery.
Aggravated battery in violation of Penal Code 245 or 243(d) could be battery with the use of a deadly weapon, physical violence against a child or police officer or battery where serious bodily injury occurs to the victim. This form of battery is considered a felony and is punishable by up to 4 years in prison and large fines. Simple battery charges are generally filed as misdemeanors and can be still punished by a year in jail or fines.
Penalties for Battery Charges in California
Charges of battery, or the coinciding assault and battery, can have long-lasting effects. Depending on the charges, you could be facing up to 4 years in prison and fines of up to $2,000. Aggravated battery charges can land you a felony conviction and a "strike" on your record. Most battery cases, like assault cases, can result in a restraining order being issued against you.
Various types of battery, including domestic violence, can hold different penalties against the accused. If you have been arrested for a battery charge, you still have rights. To fully understand your situation, contact an experienced and knowledgeable attorney from the Law Office of Nicolai Cocis today.
If you have been charged with battery in Temecula, Murrieta, Wildomar, Menifee, Lake Elsinore, Hemet, Banning, Corona, Winchester or Riverside, you need the assistance of an effective and experienced criminal defense attorney.
Call my office immediately to schedule a free consultation directly with me.
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