Kern Law, APC, has represented clients throughout San Diego County for over 20 years defend against Assault and Battery charges. A confrontation, argument, or physical altercation can often lead to criminal charges in San Diego County. Whether the incident occurs at a bar in Pacific Beach, a nightclub in the Gaslamp Quarter, a sporting event, or a dispute between neighbors, allegations of assault or battery can result in arrest, prosecution, and potentially serious criminal penalties.
If you have been arrested or are under investigation for assault or battery in San Diego, understanding the charges and available defenses is an important first step toward protecting your freedom and future.
What Is Assault Under California Penal Code Section 240?
Under California Penal Code Section 240, assault is an unlawful attempt, coupled with a present ability, to commit a violent injury upon another person. An assault conviction does not require the prosecution to prove that the alleged victim suffered an injury or was physically touched.
Examples of conduct that may result in assault allegations include:
- Swinging at someone and missing the person
- Attempting to punch another person during an argument.
- Attempting to strike someone with an object.
Penalties for Simple Assault in California
Simple assault is generally a misdemeanor punishable by:
- Up to six months in county jail.
- A fine of up to $1,000.
- Probation and other court-ordered conditions.
What Is Battery Under California Penal Code Section 242?
California Penal Code Section 242 defines battery as the willful and unlawful use of force or violence upon another person. Unlike assault, battery requires an actual touching or application of force. The district attorney, however, does not have to establish that the alleged victim suffered a visible injury. The San Diego District Attorney can charge a battery from a relatively minor incident, even when the alleged victim does not require medical attention.
Examples of conduct that may lead to battery charges include:
- Making offensive contact
- Punching or slapping another person
- Pushing someone during an argument
- Grabbing another person unlawfully
Penalties for Simple Battery Under Penal Code Section 243(a)
Simple battery is generally a misdemeanor punishable by:
- Up to six months in county jail.
- A fine of up to $2,000.
- Probation and other conditions imposed by the court.
Assault With a Deadly Weapon: Penal Code Section 245(a)(1)
An allegation involving a weapon can substantially increase a person’s criminal exposure.
Under California Penal Code Section 245(a)(1), assault with a deadly weapon other than a firearm may be prosecuted as either a misdemeanor or felony, depending on the circumstances and prosecutorial charging decision.
Weapons potentially involved in these cases include knives, baseball bats, bottles, and other objects used in a manner capable of causing death or great bodily injury.
A felony conviction under PC 245(a)(1) generally carries a potential state prison sentence of two, three, or four years.
Certain convictions under PC 245(a)(1) can also qualify as serious felonies under California's Three Strikes law.
Assault by Means of Force Likely to Produce Great Bodily Injury: PC 245(a)(4)
California Penal Code Section 245(a)(4) prohibits an assault committed by means of force likely to produce great bodily injury. These allegations frequently arise from physical confrontations, including fistfights or kicking incidents.
An actual serious injury is not required for conviction under PC 245(a)(4), although the nature of any injuries may be relevant evidence.
A felony conviction generally carries a potential sentence of two, three, or four years in state prison.
Battery Causing Serious Bodily Injury: PC 243(d)
Battery resulting in serious bodily injury is a separate offense under Penal Code Section 243(d).
Unlike simple battery, this offense requires proof that the alleged victim suffered serious bodily injury. Some examples may include fractured bones, concussions, or other substantial physical injuries.
PC 243(d) is a wobbler offense, meaning it may be prosecuted as a misdemeanor or felony. A felony conviction generally carries a potential sentence of two, three, or four years.
Potential Legal Defenses to Assault and Battery Charges in San Diego
Depending on the facts of the case, several defenses may be applicable.
1. Self-Defense
California law recognizes the right to use reasonable force to defend oneself from an imminent threat of unlawful bodily harm.
When supported by the evidence, self-defense can provide a complete defense to assault or battery charges.
2. Defense of Another Person
California law also allows the reasonable use of force to protect another person from imminent unlawful harm.
3. False Accusations and Inconsistent Statements
Assault and Battery allegations sometimes arise from disputes involving conflicting witness accounts. A thorough investigation of the facts is paramount to build a defense against the charges.
4. Lack of Willful Conduct
An accidental touching, without the required willful act, may not establish criminal battery. Similarly, the district attorney must establish the elements of assault rather than merely showing that an argument or confrontation occurred.
5. Mutual Combat and the Right to Self-Defense
Some Assault and Battery cases arise from fights in which both individuals voluntarily participate. Mutual combat does not automatically provide a defense to criminal charges.
Determining who initiated the confrontation, whether either party withdrew, and whether excessive force was used can be important to the defense.
6. Insufficient Evidence of Force Likely to Cause Great Bodily Injury
When the prosecution files charges under PC 245(a)(4), an experienced defense attorney may challenge whether the evidence establishes force likely to produce great bodily injury.
Contact a San Diego Assault and Battery Criminal Defense Attorney
If you are facing charges for assault under PC 240, battery under PC 242, assault with a deadly weapon under PC 245(a)(1), assault by means of force likely to produce great bodily injury under PC 245(a)(4), or battery causing serious bodily injury under PC 243(d), obtaining legal advice early can be important.
Whether the allegations arise from an incident in San Diego, El Cajon, Santee, Pacific Beach, Chula Vista, Escondido, or elsewhere in San Diego County, Kern Law, APC, can evaluate the facts of your case and explain the legal options available.
Contact Kern Law, APC, today to schedule a confidential consultation regarding your Assault or Battery case in San Diego County. 619 200-2808