Violent Crimes, Assault and Battery
Assault and Battery - Asalto y Agresión
Assault and/or Battery is established in the California Penal Code under sections 240–248. In Section 240: “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
When a person is accused of the crime of assault, certain elements must be present, such as that the aggression occurs when a person puts others at risk by causing fear of bodily harm or injury. It is not necessary for the accused person to have had direct contact with the victim, as long as there was a real intent to create a reasonable fear of harm to others.
The important point is whether the person has or had the actual ability to carry out the threat.
The crime of assault can be classified as a MISDEMEANOR or a FELONY. Generally, the district attorney will decide how to charge it based on the type of element or weapon used during the assault and the circumstances of each individual case.
PENALTIES
If the offense is a misdemeanor:
It will be punished with sentences of up to one year in county jail.
But if the offense is considered a felony:
It may result in a state prison sentence.
Seek Legal Advice:
If you or a family member is in this situation, it is important as a first step to seek a good criminal defense attorney, as they can help you achieve the best possible outcome in a situation like this. Remember that every legal problem you face will affect both you and your family.