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Assault and Battery

Assault as defined in Penal Code 240 is an unlawful attempt, coupled with a present ability, to commit a violent injury on another.  Many people confuse an assault with a battery.  An assault does not require physical harm to a person.  Because there is not requirement that contact be made, this leaves room for false accusations and “he said” “she said” situations.

Potential consequences: 

  • conviction of a misdemeanor
  • up to 6 months in jail
  • informal probation
  • $1000 fine
  • firearm restrictions

Unlike assault, Battery as defined in Penal Code 242 is a willful and unlawful use of force or violence upon another person.

Potential consequences: 

  • conviction of a misdemeanor
  • up to 6 months in jail
  • informal probation
  • $2000 fine
  • firearm restrictions

 

Penal Code 245(a)(1)assault with a deadly weapon is a much more serious charge and can be felony and a strike.  It requires that a person assaulted a victim and that the assault was committed with a deadly weapon or instrument other than a firearm.

Potential consequences: 

  • conviction of a felony with a strike
  • up to 4 years in prison
  • formal probation
  • $10,000 fine
  • firearm restrictions

Location:

109 West C Street, Suite C8

San Diego CA 92101

Contact Us

Phone: (858) 609-9664
Toll Free: (800) 493-4289
Fax: (619) 363-1778
Web: www.lisawonglaw.com