Assault & Battery Charges

Sacramento Criminal Defense Attorney

Assault and battery are two separate crimes under the California Penal Code. Assault is defined in Ca. Pen. Code § 240 as “an unlawful attempt, coupled with present ability, to commit a violent injury on the person of another.” Battery is defined in Ca. Pen. Code § 242 as “any willful and unlawful use of force or violence upon the person of another.”

Penalties for Assault

Simple assault is punishable by the following:

  • Fine of up to $1,000;
  • Jail sentence of up to 6 months; or
  • Both fine and imprisonment

Assault can be aggravated if it is committed against a peace officer, fire fighter, EMT, paramedic, lifeguard, or other such professional in their line of duty. The fine will then increase to as much as $2,000 and the jail sentence could be up to 1 year. Assault of a custodial officer is a felony and could result in a prison sentence.

Penalties for Battery

Battery is punishable by the following:

  • Fine of up to $2,000;
  • Jail sentence of up to 6 months; or
  • Both fine and imprisonment

Battery can also be aggravated if it is committed against any of the professionals mentioned above in the line of duty, increasing the jail sentence to as much as 1 year. If battery is committed against a custodial officer, the offender could face a prison sentence of 16 months, 2 years, or 3 years.

Charged with assault & battery? Contact us!

Tower Legal Group understands the serious nature of assault and battery charges. We know the harsh penalties that you are facing and are prepared to provide the aggressive defense that you need. Our lawyers have extensive combined experience in all areas of
criminal defense and will go the extra mile to get the results that you need.
Contact us today at (916) 361-6009 to discuss your case with a Sacramento criminal defense attorney!