Assault and Battery Charges
Assault is the use of force or violence against another person. In California there are a few classifications of assault and battery:
- Simple assault — Simple assault is an unlawful attempt paired with present ability to commit a violent injury on another person, and it is a misdemeanor punishable by up to six months in jail. It is significant to understand that to be guilty of an assault you do not need to injure or even touch the person. Only a realistic attempt is necessary.
- Simple battery — Simple battery is any willful and unlawful use of force or violence upon another person. It may be either a misdemeanor or a felony and is punishable by as much as six months in jail. Unlike simple assault, it requires physical contact with another person.
- Assault with a deadly weapon — Assault with a deadly weapon pertains to instances in which a person is accused of threatening or harming a victim “by any means of force likely to produce great bodily injury” with a weapon excluding a gun. It’s a felony that applies to a wide variety of conduct and is punishable by imprisonment.
- Assault with a firearm — You can be charged with assault and battery with a firearm if you shoot someone with a gun, fire a gun at someone, point a loaded gun at someone in a threatening manner or hit someone with the gun itself. It is a felony, and sentencing enhancements for use of a firearm in the crime results in jail terms ranging from two to 12 years, based on the type of weapon.
The criminal defense attorneys at Hammerschmidt Law Corporation have decades of combined experience defending against assault and battery. We zealously defend the freedoms of our clients. Call our assault and battery defense attorneys today at 559.233.5333 to discuss your assault and battery charges.