Being charged with a crime is a terrifying experience, especially if you have never been in trouble with the law before. In California, there are two crimes that are often confused with one another: assault and battery. Because assault and battery are often paired together, many people do not understand the differences between them.
In this blog post, we will examine the differences between assault and battery and answer the question: Is it worse to be charged with assault or battery in California?
What Is Considered Assault in California?
Assault in California is defined as an attempt to commit violence against someone else. For example, if you hurl a fist or weapon at someone with the intention of causing harm, you have committed assault. Assault in California can be charged as a felony or misdemeanor. If the assault victim was an elderly person, member of law enforcement, or other protected individual, the charges and penalties for the assault can be more severe.
What Is Considered Battery in California?
Battery occurs when a person touches someone else in a violent or harmful way. If you slap someone, punch them, or hit them with an object, you can be charged with battery. In addition, like assault, if the battery is committed against someone who is disabled, elderly, or a member of law enforcement, the charges and penalties for committing the crime can be more severe.
It should be noted that battery charges can also be filed against you if you touch someone in an intimate way without their consent. This is known as sexual battery and is a serious crime in California.
California also has a specific category of battery charges involving domestic violence. If the alleged battery victim was the alleged assailant’s spouse, cohabitant, former spouse, or co-parent, the battery can be charged under domestic violence laws. Not only does this carry a higher sentence, but it can also negatively impact the alleged assailant’s ability to secure custody of their children, gain access to firearms, and find employment.
Assault Versus Battery: Which Is Worse?
Both assault and battery are serious crimes in California. However, battery is generally considered a more severe crime than assault.
Facing Charges for Assault or Battery in California? Schedule a Free Consultation with Our Assault and Battery Defense Attorney Today
When faced with assault or battery charges, it is crucial to seek the guidance of a skilled criminal defense attorney. Attempting to handle legal charges alone is unwise. A criminal defense lawyer can provide invaluable assistance by explaining your rights, the charges you are facing, and the potential penalties for the offense.
Attorney Brian C. Andritch boasts years of experience defending clients against various violent crimes. The seriousness with which law enforcement, judges, prosecutors, and juries view violent crimes cannot be overstated.
At The Law Office of Brian C. Andritch, we understand what it takes to defend your rights throughout these types of cases, and as our clients’ testimonials prove, we have a track record of success when it comes to helping our clients get the charges against them reduced or dismissed.
At The Law Office of Brian C. Andritch, our team is always ready to assist you with any concerns you may have. We provide 24/7 availability for your convenience. To arrange a free initial consultation, please contact us at (559) 484-2112 or reach out to us online. We look forward to hearing from you soon.