California Penal Code determines that assault is "an unlawful attempt...to commit a violent injury" on a person. Aggravated assault is a more serious crime than the simple assault because it involves the resolution to physically assault someone and the existence of a dangerous weapon.
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The actual use of force or violence against another person is charged with a different crime, that of aggravated battery. Assault and battery are usually misdemeanors but are charged as felonies when directed against persons from a protected category or when taking other aggravated forms. These charges can result in jail time, heavy fines and a criminal record.
Offenses that can be charged as felonies:
- Assault with a deadly weapon - PC 245(a)(1)
- Assault on a public official - PC 217.1(a)
- Battery causing serious bodily injury - PC 243(d)
- Elder abuse - PC 368
- Throwing an object at a motor vehicle - VC 23110
- Sexual battery - PC 243.4
Aggravated Assault & Aggravated Battery Bail Bonds Costs in San Diego County
These are some of the aggravated assault and battery offenses for which the San Diego Superior Court has set bail amounts in its Bail Schedule:
- Assault of a child
- Assault by prisoner
- Assault non-prisoner at a youth facility
- Battery with injury on a school employee
Aggravated battery and assault charges in San Diego County can range from $20,000 to $1 million, depending on the gravity of the injury and the circumstances surrounding the offense.
If your friend or family member has been arrested for aggravated assault or aggravated battery in San Diego, Vista or Santee, it's always best to speak with a bail bondsman to get more information on the bail amount and learn more about the bail bond process.
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For assault with a deadly weapon, the defendant may be sentenced to 2, 3, 4 or 12 years of prison, a $10,000 fine, and/or a strike towards California’s Three-Strikes law.
For battery causing serious bodily injury, the penalty can be of 2, 3, or 4 years in prison. A battery on a peace officer that results in bodily injury is punishable with imprisonment up to 4 years or by a fee of up to $10,000, or by both.
Aggravated Assault in San Diego County: Case Examples
- The defendant allegedly committed assault with a weapon and aggravated assault. It was alleged that after a verbal dispute with an acquaintance, the defendant stabbed the victim many times then fled the scene, abandoning the victim in critical condition. A warrant was issued for the defendant. Shortly after, the defendant turned himself in and was held for a bail hearing. Despite the lengthy criminal record and aggravating circumstances of the charges, counsel argued that the defendant was acting in self-defense, which convinced the presiding Judge that releasing the accused was appropriate.
- The defendant, a man accused of aggravated assault against another person and of dangerously firing a gun, was denied bail. He already had a few run-ins with the law and was is facing seven charges in all.
- The defendants, two brothers, rented a truck that broke down. In order to fix it, they went to a dealership for help. At the dealership, the manager chased them away but when they started running away, they were approached by other menacing men. This prompted the defendant to pull out his gun to save his brother's life. One brother was charged with criminal trespassing and the other was charged with aggravated assault with a deadly weapon.
- The defendant, 19, was arrested in connection with an incident in which his roommate was stabbed. Police were dispatched to the location and when they arrived at the scene, the alleged victim was holding his neck and he informed the police that he had been stabbed. The knife was found on the floorboard of the truck the victim was standing near when police arrived. The defendant was seen by the Judge for a bail hearing and the judge placed bail at a $5,000 bond after hearing from both prosecution and defense.
Aggravated Battery in San Diego County: Case Examples
- A man booked into jail in connection with 5 felonies, saw 2 of them dismissed. The defendant, 20, was booked in County Jail in connection with aggravated battery, aggravated endangering of a child, aggravated assault and criminal possession of a firearm by a felon. His bail bond was set at $900,000. He pleaded guilty to his charge of aggravated battery, criminal possession of a firearm and 1 of 3 counts of aggravated endangering of a child, according to paperwork. The other 2 counts were dismissed.
- The defendant, 38, was booked into jail in connection with aggravated assault and aggravated battery. His bail bond was set at $20,000 and was paid by a bail bondsman. Later, the defendant was booked into jail again on a bond violation.
- A University Hospital nurse was held in lieu of $300,000 bail on aggravated battery charges for attacking an 8-month-old boy who was in her care. The defendant was seen slapping the boy’s head three times by a customer service representative hired by the hospital. The nurse came forward the next day when the boy’s mother informed hospital officials that her child could not move his left arm and an X-ray revealed a fracture.
- A judge set bail at $100,000 for a man who allegedly punched a member of the city council. The defendant, 30, was charged with the felony of aggravated battery of a government employee and the misdemeanor of possession of cannabis.