This is a wobbler, meaning the offense can be charged as a misdemeanor or felony. You commit assault with a deadly weapon or instrument other than a firearm.If you are accused of this offense, particularly assault with a deadly weapon, call a Fresno criminal lawyer immediately.Ĭalifornia prosecutors may charge you with aggravated assault if: Whenever possible, they will try charge you with a felony. Police and prosecutors take aggravated assault & battery very seriously.
Per PC §245, aggravated assault is an attempt to cause another person serious harm. These penalties increase depending on the specific facts of your case. In many situations, assault and battery are misdemeanors, punishable by up to 364 days in jail and fines reaching $1,000. Instead, prosecutors must prove the victim felt threatened by your words or actions, and that you had the ability to follow through with your threats. To be convicted of the crime, no contact needs to be made between you and the alleged victim. Per PC §240, assault encompasses the attempt to use violence or force against another person. You can even be charged and convicted of battery for spitting on someone. You do not have to physically harm the victim. To be convicted of this offense, a harmful touching must occur. Under PC §242, battery constitutes the intentional use of violence or force against another person.
California Assault and Battery LawĬalifornia Penal Code (PC) defines assault and battery as separate offenses. As a prior prosecutor and a criminal defense attorney with more than a decade of experience, he will fight for the best possible outcome in your case.Ĭontact him today at (559) 443-7442 to schedule a free case consultation. Fresno assault attorney Michael McKneely is prepared to defend you. You need to take allegations of violence seriously, particularly when they could lead to felony charges. At this point, it is essential you contact an attorney for help. Have you been accused of committing aggravated assault & battery? If the police believe you hurt another person or threatened to do so, you may be arrested and charged with a crime.