San Diego Assault an Battery Lawyer

Because of the nature of these two crimes, an individual is almost always charged with both rather than one or the other. Prosecutors will often charge an individual of assault in addition to battery to increase the penalties associated with the crime. Assault in California does not have to involve an actual inflicted injury, so disproving it can be difficult. However, with the help of a San Diego, criminal defense lawyer at the Law Offices of Bradley R. Corbett you can come to understand the legality of assault in California and build a solid defense. 

Assault with a Deadly Weapon in California Penal Code 245(A)(1)

Assault with a deadly weapon in California is defined as a person attempt to commit great bodily injury of another using a deadly weapon. A deadly weapon in California is defined as a weapon likely to produce death or great harm to another. For example, an individual can be charged with assault in California if they shoot someone with a gun, hit them with a gun, fire a gun at another person, even point a loaded gun at someone in any way that makes them believe you would shoot it.

 

Proving the ability to use force is much easier when a weapon is involved. Prosecutors can charge assault with a deadly weapon in California as either a misdemeanor or a felony depending on three things:

 

1) Type of Victim

2) Injury Sustained or Not

3) Type of Weapon Used

 

Note: If the person assaulted in California was an officer or public servant in any form, the charge can easily be increased to a felony.

Defenses

The six common defenses to Assault with a deadly weapon in California, Penal Code 245(a)(1) are:

 

1. Unable to commit the assault (Threatening to light the victim on fire with an empty lighter)
2.  The person lacked intent
3.  Lack of evidence
4.  Police misconduct
5.  Consent
6.  Self-defense

Penalties

Misdemeanor:

• Probation 
• Maximum sentence of one year in county jail 
• Fine up to $1,000 
• Restitution to the person harmed
• Weapon is taken away 
• Potential community service

 

Felony:

• Between 2 to 4 years in California state prison
• Fine up to $1,000 
• Restitution to the person harmed 
• Strike on the person’s record
• The weapon is taken away.

 

However, if the person uses a specific type of firearms such as Machine guns or  Semi-automatic weapons the person can then face 4 to 12 years in California state prison, along with the penalties for a felony stated above.

The Strike Law Assault With a Deadly Weapon

A person will face a strike on their record if:

1. The crime resulted in bodily injury to the victim 
2. The person used a firearm/weapon or 
3. The person used the firearm/weapon on an officer. 

 

Second strikes on a record will lead to a  sentence twice as long. If it’s the third strike then the person faces a minimum sentence of 25 years to life in California state prison. 

Assault Penal Code 240 PC

According to California Penal Code 240, assault is the attempt to threaten or commit a violent injury to another individual. Assault in California can take place without a deadly weapon. For one to be convicted of an assault in California, these elements must be met:

 

1. The defendant did an act that by its nature would directly and probably result in the application of force to a person
2. The defendant did that act willfully
3. The defendant must be aware that their acts can cause damage
4. When the defendant acted, he/she had the present ability to apply force to a person

 

Note: The Government is not required to prove that the defendant actually intended to use force against someone when (he/she) acted. No one needs to actually have been injured by the defendant’s act.

Battery Penal Code 242 PC

A battery is any willful and unlawful use of force or violence upon another person. The slightest touch can trigger a battery allegation if it is done in an angry or offensive manner. Much like assault in California, battery cannot be an accident and can be committed to a person or anything attached to the person.

 

Defenses to Battery and Assault in California:

• Self Defense
• Consent/Accident
• Parental right to discipline a child

 

Note: Voluntary intoxication is not a defense to assault.

Change Your Life with a Legal Specialist of Assault in California

At the Law Offices of Bradley R. Corbett, our team will keep fighting to safeguard your rights. Call us today for your free consultation to find out how we can help with your case of assault with a deadly weapon in California or battery and assault in California.