Assault and Battery
California Penal Code section 240 defines an “assault” as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” California Penal Code section 242 defines a “battery” as a “willful and unlawful use of force or violence against the person of another.”
A simple assault case under Penal Code section 240 is a misdemeanor which carries a maximum sentence of six months in the county jail. A simple assault of a law enforcement officer carries a maximum sentence of one-year in the county jail.
Aggressive Aggravated Assault Defense from an experienced attorney
District Attorneys charge assaults with a deadly weapon, or by any means of force likely to result in great bodily injury, under Penal Code section 245. Penal Code section 245(a)(1) applies to assaults with deadly weapons other than firearms, and may be charged as a misdemeanor carrying a maximum sentence of one year in county jail, or as a felony carrying a sentence of up to four years in the state penitentiary, a fine of up to $10,000, or both. Additional enhancements in particular cases can result in lengthier sentences.
Penal Code section 245(a)(2) applies to assaults with a firearm.
Assaults against Law Enforcement Officers, and against other specified persons, carry enhanced penalties, for both armed and unarmed assaults.
Attorney Rob Scroggie has extensive experience on “both sides of the fence” and is well aware of the tactics used by police and prosecutors when it comes to assault charges. Make sure you do not fall victim to these tactics and preserve your rights – contact us today for a free initial consultation.