Assault & Battery in California

Seek Legal Representation from a Santa Barbara Criminal Defense Attorney

Assault is an intentional attempt to physically injure another person, as well as a threatening or malicious act or statement which may make another individual believe they are about to be attacked without any physical altercation. Battery is the intentional and unlawful use of force or violence against another person. The main difference between the two is that battery requires physical contact.

Penalties for Assault & Battery

While “assault” and “battery” are two separate concepts, both of them carry significant jail time and expensive fines. Someone who commits a simple assault or battery in California is typically charged with a misdemeanor. Known as “wobblers,” certain assault or battery crimes can be charged as a felony as well. When the penalties for a conviction are this steep, make sure you have a skilled Santa Barbara criminal defense lawyer on your side.

Penalties for assault in California include:

  • Assault
    • Maximum jail sentence of six months
    • A fine of up to $1,000
    • Probation up to six months
  • Assault against family member, elderly person, healthcare provider or public worker
    • Maximum jail sentence of one year
    • A fine of up to $2,000
    • Probation up to one year
  • Wobbler assault against corrections officer, school district police officer or juror
    • Maximum jail sentence of one year in jail
      • If individual has previous criminal history, maximum county jail or prison sentence of three years
    • A fine of up to $2,000
    • Probation between one and three years

Penalties for batter in California include:

  • Battery
    • Maximum county jail sentence of six months
    • Fine of up to $2,000
    • Probation for six months
  • Battery against family member, elderly person,
    • Maximum county jail sentence of one year
    • Fine of up to $2,000
    • Probation up to one year
  • Wobbler battery against on-duty healthcare provider, public worker, corrections officer, school district police officer or juror
    • Between 16 months and three years in county jail or state prison
    • A fine of up to $2,000
      • Up to $5,000 when victim is a juror or $10,000 when victim is a public transport worker
    • Probation up to three years
  • Wobbler battery against law enforcement officer
    • Between 16 months and three years in county jail or state prison
    • A fine of up to $10,000
    • Probation up to three years

Let Us Fight For You

If you have been arrested for assault or battery in California, it’s imperative to retain legal services from our reliable and experienced Santa Barbara criminal defense lawyers. At Appel & Morse, we possess the extensive knowledge of the legal system regarding these types of cases in order to build a solid defensive strategy to protect your freedom.

Schedule your complimentary consultation with us today—(805) 467-6060!