Assault and battery charges in California can vary depending upon the exact circumstances of the incident. Generally, assault refers to an intentional and wrongful act that is likely to cause bodily harm or offensive contact and battery refers to the actual physical contact or touching without the other person’s consent. Penalties for these offenses vary depending on the severity of the act and the individual’s criminal history.
California defines Assault, CA Penal Code 240, as willfully acting in a manner that would likely and knowingly result in the application of force upon another.
While Battery, CA Penal Code 242, is defined as willfully and unlawfully touching a person in a harmful and/or offensive manner.
What is considered Assault in San Diego?
Assault charges in San Diego can range from misdemeanors to felonies, depending on the severity of the injuries suffered and whether a deadly weapon was used.
Simple assault, aggravated assault, and sexual assault are the three types of assault in California. As a misdemeanor, simple assault is the least serious type of assault, while aggravated assault can be charged as a felony or a misdemeanor, depending on the circumstances. Sexual assault will always be charged as a felony.
A criminal defense attorney can help you navigate the court system and protect your rights if you have been accused of any type of assault.
What is considered Battery in San Diego?
In San Diego, assault is considered any willful and unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
Battery is defined as any willful and unlawful use of force or violence against another person. The crime of battery is punishable by up to six months in county jail and/or a fine not exceeding $2,000.
What if someone I know is arrested for Assault & Battery in San Diego?
If someone you know is arrested for assault and battery in San Diego, the first thing you should do is contact a bail bond company.
Bail bonds companies specialize in helping people post bail, and they will be able to help you through the process.
The bail bond company will first assess the situation and determine how much bail will be required. Once that is determined, they will work with you to come up with a payment plan. In most cases, you will only need to pay a small percentage of the total bail amount upfront, and the rest can be paid over time.
Once the paperwork is all taken care of, the bail bond company will post the bail and your loved one will be released from jail.
It is important to remember that if you use a bail bond company, you are responsible for ensuring that your loved one shows up for their court dates. If they fail to do so, you may be on the hook for the entire bail amount.
How does one get out of jail on Assault & Battery charges in San Diego?
If you have been charged with assault and battery in San Diego, you might be wondering how you can get out of jail.
The first step is to contact a bail bonds company. Bail bonds companies specialize in helping people post bail, which is the money that is paid to the court in order to get released from jail.
The amount of bail will vary depending on the charges, but it is typically several thousand dollars. Bail bonds companies will usually charge a non-refundable fee of 10% of the bail amount. So, if your bail is set at $10,000, the bail bonds company will charge you $1,000.
Once you have paid the fee, the bail bonds company will post your bail and you will be released from jail. It is important to note that you are still required to appear in court for your scheduled hearings.
If you fail to appear in court, the bail bond company will be liable for the full bail amount and a warrant will be issued for your arrest.