I Am Wrongfully Accused Of Assault And Battery In Orange County (PC 240 – PC 243)
People often use the words “assault” and “battery” as if they mean the same thing. Actually, they are two different crimes, and if you are facing charges, you need to understand them. With over 40 years of experience, the Orange County Assault and Battery Defense Attorneys at Wallin & Klarich have successfully defended thousands of clients accused of assault and battery in Orange County.
Essentially, under Penal Code section 240, assault is an attempted battery. Under Penal Code section 242, battery is the “willful and unlawful use of force or violence” on another.
Orange County Assault and Battery Charges
Under Penal Code section 240, a prosecutor can charge you with assault if you attempted to injure another and you were able to do it. Assault is typically a misdemeanor, where conviction carries a fine up to $1000 and up to six months in jail. Where the “victim” of the assault is a public servant of sorts—like a fireman, policeman, or even a doctor—the jail time and fine increase, to one-year and $2000. Other special circumstances of your cases can also increase the fine and jail time.
Under Penal Code section 242, a battery is the “willful and unlawful use of force” on another. The phrase “use of force” implies more harm than what is actually required. In reality, any unwanted touch can count as a battery. Furthermore, touching not only someone’s person, but things that they are holding can count too.
Under Penal Code section 243, battery is typically a misdemeanor, where conviction carries a fine up to $2000 and six months in jail. Special types of victims or circumstances can raise those penalties.
If you caused a significant injury, the prosecutor might charge it under section 243(d). Under this section, the prosecutor can charge you with a misdemeanor or a felony. This is known as a “wobbler.” A misdemeanor conviction can carry a one-year jail sentence and $1000 fine. A felony conviction can mean 2, 3, or 4 years in prison and a $10,000 fine. Also, it can count as a strike under the Three Strikes Law.
Defenses to Assault And Battery Charges
Defending you against these charges starts with a phone call. When you call, we will need to know everything about you and your history. A good background with a clean record is a great foundation to a solid defense. After that, we will need to know exactly what happened, the names of everyone involved, and if there were any witnesses. Once we fully understand what happened, we can argue your case and defend you successfully.
For example, self-defense is a common defense in assault and battery cases. If you believed you were under threat of violence or if you believed you had to act to defend someone else, we can use that to help you. If either is the case, the charges may be dismissed.
Consent is another common defense. Where a person engages in a sporting event they often are giving their consent to being “touched” during the sporting event. The issue often arises in these cases as to whether the conduct of the accused “exceeded’ the scope of the sporting event.
Inability is an assault-only defense. Remember, to convict you of assault, the prosecutor has to prove that you could have hurt the other person. If it was impossible for you to do so, then the charges might not be proper.
Orange County Assault and Battery Defense Attorney
These are just some of the defenses we have used to help people who were wrongfully accused of assault and battery. Over the past 40 years, our Orange County Assault and Battery Defense Attorneys have successfully defended many people facing similar charges. Give our office a call at 877- 4-NO-JAIL or 877-466-5215. We will get through this together.
