What is the legal definition of assault and battery?
While you often hear assault and battery used together as a single crime, in California they are separate crimes. An assault occurs if you intentionally attempt to hurt or injure someone or the person you are confronting believes they are under attack because your actions seem menacing or threatening. These offense don’t always necessarily involve physical contact. On the other hand, if you intentionally injure, harm or use force against someone, this attack is considered battery. In many cases, assault is classified as a misdemeanor. If a weapon is involved, the assault normally gets classified as a felony, depending on the circumstances.
Since the crimes are different, you may wonder “Which is worse battery or assault?” Each of these crimes have a different set of penalties, although the penalties will vary depending on whether it is classified as a felony or misdemeanor. Because battery always involves an actual physical attack, it’s often considered worse than an assault. A misdemeanor battery conviction, for instance, can result in up to six months in jail, which is similar to an assault, but you’ll pay considerably more in fines, usually up to $2,000. Felony battery charges, such as attacking an on-duty police officer, can result in up to three years in prison, and a fine of up to $10,000.
If you have been arrested and jailed on assault or battery charges, Cut Loose Bail Bonds can help you get battery or assault bail in Roseville, CA. We are available 24/7, and you can reach us at 916-663-2245.
What is an example of assault?
There are two types of offenses that are classified as assaults, as outlined below.
- Simple assault: This type of assault can involve any act that causes a minor injury, or limited threat of violence. Punching someone or threatening to punch them or harm them in some way may be considered simple assault.
- Aggravated assault: This is usually a felony offense often committed with a weapon, although it may be a threat to harm someone with a serious crime like rape. A threat to assault or assaulting children or the elderly is also considered aggravated assault.
Determining whether the offense is an assault or aggravated assault usually depends on whether or not a weapon is involved.
Is pushing someone assault?
In California, pushing or shoving someone could be considered either simple assault or simple battery. Both offenses in this case would be considered misdemeanors, and the classification will usually depend on intent. Battery is willful and unlawful use of force, and a push or shove could be considered willful and unlawful, especially if you specifically shove someone to harm them.
Is yelling at someone assault?
Yelling at someone isn’t necessarily assault, although it can be an assault under certain circumstances. With verbal assault, a threat of violence must be present, and the person making the threats must be able to carry out the threats. These threats may put the victim in imminent danger or the fear of imminent danger.
Are assault charges a felony
If the offense is a simple assault, it will usually be classified as a misdemeanor. If these crimes involve a weapon or the threat of a serious crime is present, then the assault is elevated to an aggravated assault, which is usually a felony. Aggravated assaults are wobbler charges in California, which means they could be misdemeanors or felonies, depending on the circumstances. Some misdemeanor assaults could be elevated to felonies during court proceedings under certain circumstances. An assault could be elevated to a felony, for instance, if you assault a member of law enforcement or a member of a jury.
Assault how many years in jail
Penalties for assaults will vary, depending on the type of offense committed. If you punch someone or threaten to punch them or injure them in some way, you may get charged with a misdemeanor simple assault for which you could receive up to six months in jail. If that attack is against a known healthcare provider, a school employee, or similar individual like a firefighter, you could get a up to a year in jail.
Some simple assaults are wobbler offenses and can be considered either misdemeanors or felonies if the attack or threat is made against a law enforcement officer, corrections officer, or a jury member. These wobbler offenses could result in jail time in either county jail or state prison for anywhere between 16 months, two years or three years. Aggravated assault charges could lead to at least one year in jail, along with $10,000 in fines, restitution, as well as confiscation of the weapon if it was owned by the offender.
Can assault be expunged
If you are convicted of these charges, under California law, whether the offense was a misdemeanor or felony can be expunged or dismissed from your record under certain circumstances. For dismissal your sentence must be probation, and you have to have completed all terms of your probation. If you have any other charges or are serving a sentence or are currently on probation, your charges will not be dismissed. The court also has to agree to dismiss the charges.
These charges are serious and can create major problems for the assailant and the victim alike. While it’s not a crime to have a faulty transmission in your car, it can be a trial until you take it in for transmission repair in Inglewood, CA.
Call for help today
If you’ve been arrested and jailed for assault in Roseville, CA, you can get help with bail from the professional bail bond agents at Cut Loose Bail Bonds. Our agents are available 24/7 by calling 916-663-2245.