Assault and Battery
Assaults and batteries are some of the most common crimes charged in California. Almost any unwanted physical contact or attempted physical contact can be charged as an assault or battery. The attorneys at Nolan Barton Olmos & Luciano defend people charged with these crimes in both misdemeanor and felony cases.
When prosecutors charge these offenses as felonies, the punishment can include significant time in state prison. Common felony charges include battery against a peace officer, firefighter or paramedic (Penal Code section 243(c)), battery with serious bodily injury (Penal Code section 243(d)), assault with a deadly weapon (Penal Code section 245(a)(1)) and assault by means of force likely to cause great bodily injury (Penal Code section 245(a)(4)). A three-year sentencing enhancement applies when a person causes great bodily injury (Penal Code section 12022.7(a)), but prosecutors can file felony assault charges even when there is no injury at all. Felony assault and battery charges present an added challenge because, depending on the type of injury or weapon involved in the case, they often count as a strike felony, subjecting the person to enhanced sentencing. (Penal Code sections 667.5(c), 1192.7(c).) (For more information see the Three Strikes Law section of our website.)
Assault and battery offenses can be charged as misdemeanors, but even these misdemeanors can carry significant consequences. The least serious battery charge, which can apply to any offensive physical contact, carries a maximum six-month jail term. (Penal Code section 242.) If the victim is a family member or someone the defendant is dating or dated in the past, the case can be charged as a domestic violence battery punishable by up to a year in jail. (Penal Code section 243(e)(1).) There are other consequences in addition to possible jail time, such as a term of probation, anger management or domestic violence classes, a ten-year ban on owning or possessing a firearm (Penal Code section 29805), potential loss of visitation or custody of a child (Family Code sections 3100 and 3044), and potential loss of spousal support (Family Code section 4325).