However, the first thing anyone who has been the victim of assault should do is seek medical attention. Understanding the difference between simple assault and battery and felony assault charges in California is essential when understanding the nature of the charges you face. When you acted, you intended on injuring the other person's esh or disguring the person's body. Assault in California is an intentional attempt to physically injure another, or a menacing or threatening act or statement that causes the other person to believe they are about to be attacked. If you're charged with Assault, it's essential that you retain a skilled, dedicated criminal defense attorney as soon as possible. Valencia, CA 91355 (661) 450-9678 or Toll Free (866) 304-5091 In sum, to be guilty of Assault under CPC 240, you must: Defining Assault Under California Penal Code 240. Thus, while Daphne committed an Assault under CPC 240, she shouldn't be convicted of violating CPC 244. Disturbing The Peace (CPC 415) occurs in California whenever anyone unlawfully fights or challenges another person to fight in public, intentionally disturbs another person with unreasonable noise, or uses offensive words likely to provoke violence in public. The slightest touching can be enough if it is done in a rude or angry way. While it's highly debatable whether a plastic bottle is capable of doing serious injury under the circumstances, it's quite clear that Danielle didn't eject the bottle intending on doing harm to anyone; she just didn't want to stop to throw out her bottle. In addition to helping you pursue civil or criminal charges, I am also equipped to help you obtain a restraining order if you are in need of protection.. While simple assault and battery laws are relatively similar in California, these are two separate crimes, with each bringing its own potential consequences. Conclusion: Daphne committed an Assault. Defendant Doug, recognizing Vince to be an old high school classmate he didn't like, is about to pass him. For an act to constitute criminal assault or battery, the conduct must be intentional. A fine of up to $400 (four hundred dollars); OR. Pushing someone or hitting someone with a small object that physically injures the other person are also examples of battery. Someone who does more than swing at another person or throw an object at them may face more serious penalties under California law if they are convicted of assault. assault against a juror or alternate juror by a party in the case. [25], Assault With Caustic Chemicals (CPC 244) occurs whenever a person willfully and maliciously places or throws, or causes to be placed or thrown any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of [a] person.. Battery against many public workers and healthcare providers during the performance of their duties, including fire fighters, lifeguards, public transit workers, animal control officers, and probation department employees, carries more severe penalties than simple battery against other victims, if the person committing the offense knew or should have known that the victim was such a public worker engaged in performing his duties. A fine of up to $1,000 (one-thousand dollars); OR. If you have been the victim of a violent crime in the state of California, you may have the grounds to press assault charges against your assailant. Given these facts, Deena should be acquitted. [35] See People v. Whitney, Cal.Ct.App.4th, Cr. [16] Note that Dante could still be convicted of Battery (CPC 242). A person on probation must meet regularly with a probation officer and comply with conditions set by the court, such as no further arrests or convictions, attending counseling, performing community service, or electronic home detention, commonly referred to as "house arrest." Later, Vincente's mother, Ex-Wife, sees the bruises, finds out what happened and reports Derek for Battery on Vincente. Note: While the statute creates a single crime, the prosecutor must prove different things to convict you under 415(1) (fighting), 415(2) (making unreasonable noise), or 415(3) (use of offensive words). For instance, if you are at a bar where you wind up in a verbal altercation with another patron and one of you swings at the other, that individual has committed the crime of simple assault. Assault or battery with a deadly weapon or with force likely to cause great bodily injury are more serious crimes, classified as felonies. Should Darien be convicted? As the statute states, 'flammable substance' means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.[26] The crime is related to Assault because caustic chemicals can be used to commit Assault. Vern shatters his pelvis as he hits the ground. The container, however, strikes the windshield of the driver behind her, Victim Val, and causes Val to skid off the road. 27240 Turnberry Lane #200 While simple assault involves an attempt at causing violent injury to another person, simple battery in California involves the actual application of force or violence on that person. First of all, the end result of the assault will have serious bearing on whether the case is viewed as a misdemeanor or a felony. You can find more information on the Kann California Defense Group's website. To convict you under CPC 242, the prosecution must prove the following beyond a reasonable doubt: You willfully and unlawfully touched someone in a harmful or offensive manner. When you consult my criminal defense office about your California assault charges, I can help build a strong case establishing that you were acting in self-defense or defense of others and that you did not intend to cause violent injury. Even if you believe that the injuries you suffered are minor, medical documentation will be crucial in your case. A conviction for a misdemeanor or felony becomes part of your permanent criminal record, which can have a serious impact on your life. While misdemeanors typically come with a fine and a maximum of six months in jail, felony charges may carry with them a sentence of up to four years under California Penal Code 240. Please complete all required fields below. She also threw chum to humiliate Victoria and ruin her coat, not to injure her flesh or disfigure her. Not only is it important that you have any injuries you may have sustained being treated by a healthcare professional, but it is also a vital part of building your case against your assailant. [12] See Wobbler definition at USLegal.com. Your call will always go directly to a lawyer. California Criminal Jury Instructions 915 (CALCRIM) (2017). Your call will go directly to a lawyer. [11] Derek, therefore, should be acquitted. She waits for Victoria to appear wearing a fur coat. an intimate partner or certain family members (domestic violence battery), anyone on public transit property or in a public transit motor vehicle, a school employee while performing his duties or in retaliation for actions taken by the school employee while performing his duties, a sports official while performing his duties at a sporting event, and. [7], Defenses To California Penal Code 240 Assault. In California, healthcare workers and other public employees are protected against assault by a stricter set of laws than the average California resident.. Your call will go directly to a lawyer. Penalties for wobbler batteries charged as a felony include: If the victim of a simple battery charged as a felony is a law enforcement officer engaged in performing his duties (even if he happens to be working as a private security officer), and the offender knew or should have known the victim was a police officer, the possible penalties are: The court can impose probation instead of jail time for an entire sentence, or after the person convicted has spent some time in jail. If you are facing an assault or battery charge, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. [3] The touching can be done indirectly by causing an object [or someone else] to touch the other person. He obviously possessed facts that would suggest his act would result in using force, since he was trying to hit Vannie, as he admitted. As noted previously, Simple Assault is a Misdemeanor under California law. A term in the county jail of up to 90 (ninety) days; OR. Dick, therefore, should be convicted. Assault charges in California can have a significant impact on your freedom and future, but a skilled attorney can protect your rights. Ventura, CA 93003 He's arrested. Therefore, whether youve been charged with criminal assault in California or you are looking to pursue legal action against someone who assaulted you, acting quickly and retaining the services of a skilled California criminal defense lawyer is your best course of action. Feel free to contact the Kann Defense Group offices in Santa Clarita, Ventura, Encino, Pasadena or Los Angeles/Los Angeles County. Should he be convicted? Should Deena be convicted of the charge? Dante, therefore, should be acquitted.[16]. [31] Daphne could also be charged with Battery (CPC 242). Additionally, you committed the assault in retaliation against the person or to prevent the person from performing official duties. Deena had no legal excuse for her act. For example, if someone brushes up against a friend in a sexually suggestive manner as a joke, that person may not have criminal intent. Assault With A Deadly Weapon (CPC 245(a)(1)) occurs in California whenever anyone assaults another person with a deadly weapon other than a firearm or when anyone assaults another person using force likely to produce great bodily injury. Additionally, you didn't act in self-defense or defense of someone else, or while reasonably disciplining a child. When a simple assault or battery is charged as a felony, the court can reduce the crime to a misdemeanor during the case proceedings. Danielle is subsequently arrested. Penal Code 243, 243.2, 243.25, 243.3, 243.35, 243.6, 243.65, 243.8). Someone who commits a simple assault or battery in California generally is guilty of a misdemeanor, although certain assault and battery crimes can be charged as a misdemeanor or a felony, at the prosecutor's discretion (these crimes are called "wobblers"). Example: A political activist, Defendant Daphne, is sickened that Furrier plans on opening a shop in her town. (805) 902-1148 or Toll Free (866) 386-7182 (310) 593-2435 (fax). Conclusion: Dale willfully did something that would directly and probably result in force being used against Vin (raising his fist to punch Vin) and possessed facts that should've led him to realize that the act would lead to applying force against Vin. Daniel barely avoids hitting a spectator, Victim Violet, who, fearing that she would be struck, finds a police officer and reports Daniel for Assault under CPC 240. Finding an attorney who is familiar with California law regarding assault is important when officially making your case against your assailant. Police Officer arrives at the scene and finds Dante holding a whiffle ball bat made of lightweight hollow plastic. [14] See California Criminal Jury Instructions 875 (CALCRIM) (2017).
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