If you’re in San Diego and someone accuses you of assault or battery, it means you could be facing legal consequences under California law. And the rules here are pretty specific. Assault (Penal Code § 240) is when you try to hurt somebody or make them think you’re about to, even if you don’t touch them. Battery (Penal Code § 242) is when you actually touch them in a harmful or offensive way, like shoving, slapping, or grabbing.
In San Diego, many of these cases start as misdemeanors, which can carry penalties of up to six months in county jail, fines up to $1,000, probation, or required classes. However, if a weapon is involved, serious injury occurs, or the victim is a peace officer, the charges can escalate to a felony, carrying multiple years in state prison and substantially higher fines.
In short, assault is the attempt or threat of harm, while battery occurs when physical contact actually happens. In either case, the best way to navigate the legal process and potential consequences is to work with experienced assault and battery attorneys in San Diego.
Penalties You Could Face
Here’s what the law says you might be looking at if convicted:
- Jail or prison: up to six months for a misdemeanor, and up to four years for a felony under California law.
- Fines: up to $1,000 for assault, up to $2,000 for battery, and even more for felony cases.
- Probation and community service.
- Programs like anger management or batterer’s intervention.
It’s not just the official penalties. A conviction results in a criminal record. That record follows you around when you try to get a job, rent an apartment, or apply for a loan. That’s why defending yourself the right way matters so much.
Defenses That Can Save You
Being charged doesn’t mean you’re guilty. The law gives us defenses we can use to fight back. Here are the big ones:
- Self-Defense: If you used reasonable force to protect yourself, that’s a valid defense.
- Defense of Others: You stepped in to protect someone else.
- Lack of Intent: If the contact was accidental, it doesn’t count as battery.
- Consent: If the other person agreed to the contact, that changes things.
- Mistaken Identity or False Allegations: You were incorrectly identified as the attacker. This can occur due to misidentification or false accusations.
How Lawyers from Elite Criminal Defense Can Help You
At Elite Criminal Defense, we handle assault and battery cases in San Diego every day. If you’re charged, call us right away because you do not have to fight this alone. The prosecutor’s job is to prove you guilty beyond a reasonable doubt. Our job is to poke holes, show the truth, and protect your rights.
Even if the charge seems minor, the penalties can have long-term impacts on your life. A misdemeanor record can block opportunities. A felony can shut doors forever.
We are here to keep that from happening. First, we look at everything. We read all the police reports, we watch all the videos, and we talk to anyone who saw what happened.
Sometimes, the accusers may be mistaken or misremember details, and we ensure that the court has an accurate account of events. We check every single detail because even one small mistake by the police can help your case a lot.
Then, we figure out your defense. Whatever the situation is, we figure out what works best for your case and build it so the prosecutors can’t just push you around.
We also handle all communications with prosecutors and the court, so you don’t have to worry about making statements that could harm your case. That is our responsibility.
Summary Section
- Assault is about scaring someone or trying to hurt them.
- Battery is actually about touching someone in a harmful way.
At Elite Criminal Defense, we don’t leave things to chance, and we make sure you’re not alone while the system tries to push you around.
