A lot of people read the news and see words like assault and battery. They don’t really know the difference and they don’t really care. But what happens when you’re the one charged with these crimes? There’s a big difference between these offenses.
San Diego, like most other places, have a criminal code that defines pretty much every crime. They break down the elements of each crime and let you know what penalties you may face for each one. It’s important that you understand the difference between assault and battery.
The definitions of assault and battery are very different. It makes sense, then, that the penalties will be different too. San Diego even has a third crime in this category – aggravated assault. It sounds a lot more serious than the other two because it is.
Thankfully, San Diego criminal defense attorneys understand the differences between these crimes. If you get charged with any of them, it’s a good idea to call a criminal defense lawyer right away.
Your San Diego Criminal Defense Attorney Knows the Difference Between Assault and Battery
San Diego criminal defense attorneys handle tons of assault and battery cases every year. It’s often that a client comes in to meet with an attorney because they have a pending court date for one of these crimes. Depending on the circumstances of their case, they may be charged with either of these offenses or both.
Often times, when a defendant is charged with one of these offenses, he’s also charged with the other. That’s because these crimes usually go hand in hand. Let’s look at what the crimes are and then you’ll see why they are combined so often.
Assault is the threat of imposing serious bodily harm on another. A battery is actually making contact with the victim. So, you can think about it this way. If you threaten to punch someone in the face, it could be considered assault. If you then go on to punch him, it would be a battery.
Since you threatened to punch him and then did follow through with your threat, you would be charged with assault and battery. That makes sense, right?
This is why the crimes are usually combined. In fact, most statutes don’t even separate the two anymore. They are considered part of the same family of offenses.
San Diego Criminal Attorneys Can Defend Both a Simple Assault and an Aggravated Assault
Although there may not seem to be a big difference between assault and battery, there is a big difference between simple assault and aggravated assault. They are just what they sound like they’d be.
Under California law, simple assault is when you make contact with another person with the intent to cause harm. It could be something like throwing a drink on someone or hitting them with your pocketbook.
Aggravated assault usually involves a weapon. So, if you hit someone with a wrench or baseball bat, it’s going to be considered aggravated assault. It’s also considered aggravated assault if you assault someone during the commission of another serious crime. So, if you’re stealing someone’s car and you throw them out of the car, it may be considered aggravated assault.
San Diego criminal attorneys can represent you in both simple and aggravated assault cases. They’ll do their best to defend you and get the charges reduced or dismissed. They may be able to get a lower sentence or even probation, It really depends on the circumstances of your case.
Do You Need a Criminal Defense Lawyer in San Diego?
If you’ve been charged with assault and battery, you’re going to need a good lawyer. It’s a good idea to call and schedule a consultation with a criminal defense lawyer in San Diego right away. There won’t be much time between your arrest and your first court date.
You want to give your lawyer as much time as possible to prepare for your case. There may only be a week or two before your first court date. Your lawyer is going to want to reach out to the prosecutor right away to discuss your case. He’ll also want to request any discovery that the State has.
Depending on your case, you could be looking at some jail time. You may also be facing fines and court fees. It’s a good idea to have a criminal defense lawyer by your side. He can make the difference between your going to jail and getting 6-months probation.