Santa Barbara Assault & Battery Attorney

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

What Is Aggravated Assault?

Aggravated assault is a serious criminal offense that involves the intentional infliction of severe bodily harm or the use of a deadly weapon to threaten or harm another person. The key distinguishing factor in an aggravated assault charge is the presence of certain aggravating factors that make the offense more severe than a simple assault.

Here are some common elements and characteristics of aggravated assault:

• Intent: Like simple assault, aggravated assault requires intent, meaning that the offender must have the purpose or knowledge that their actions could cause serious harm or injury to another person.
• Severe Bodily Harm: Aggravated assault often involves causing severe bodily harm or injury to the victim. This may include injuries such as broken bones, severe lacerations, or injuries that lead to long-term physical impairment.
• Use of a Deadly Weapon: One of the most common factors that elevate an assault to aggravated assault is the use of a deadly weapon. This can include firearms, knives, or any object used with the intent to cause serious harm.
• Specific Victims: Some jurisdictions classify assaults against specific groups of people, such as law enforcement officers, healthcare workers, or public servants, as aggravated assault. Assaulting these individuals while they are performing their duties can lead to more severe charges.
• Criminal Intent: In some cases, even if severe bodily harm does not occur, an assault can be considered aggravated if the offender had a specific criminal intent, such as attempting to commit another crime like robbery or sexual assault.
• State-Specific Laws: The specific definitions and elements of aggravated assault can vary by state and jurisdiction, so it's essential to consult the laws in your particular jurisdiction for precise details.

Penalties for aggravated assault can be severe and often involve significant prison sentences, fines, probation, and restitution to the victim. The severity of the penalties can vary depending on factors such as the degree of injury, the use of weapons, and the presence of any prior criminal history.

It's important to note that the exact definitions and penalties for aggravated assault can differ from one jurisdiction to another. If you or someone you know is facing an aggravated assault charge, it is crucial to consult with an experienced criminal defense attorney who can provide legal advice, represent your interests, and help you understand the specific laws and potential consequences in your jurisdiction.

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!