Assault and battery are some of the most common violent crimes committed in California. Many people don't know that assault and battery are two separate crimes. In the California Penal Code, assault is defined as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person or another."
An assaulter is a person that intentionally did something resulting in the use of force against another individual. He or she was aware of the consequences his or her actions could have and was able to act.
In California, actually using force or violence against another person is charged as a different crime, that of a battery. In battery cases, it suffices if the victim was touched in an offensive way.
Assault and Battery Bail Bonds Costs in San Diego County
These are some of the assault and battery misdemeanors that have bail amounts set in the San Diego Bail Schedule:
- Assault with a deadly weapon
- Assault on a non-law enforcement officer
- Assault on a parking officer
- Assault on a law enforcement officer or firefighter
- Battery with serious bodily injury
Battery and assault charges in San Diego County can range from $2,500 to $150,000 depending on the seriousness of the injury and the special circumstances surrounding the incident.
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How Much Time in Jail Can Someone Get for Assault and Battery in San Diego County?
Assault and battery charges can be misdemeanor or felony charges. The penalties for assault or battery depend on the specific charges, the individual circumstances and any aggravating factors.
For simple assault, the defendant could be sentenced for up to six months in county jail and/or could be fined with up to $1,000. For assault with a deadly weapon, the defendant could be charged with a misdemeanor, or a felony, depending on various circumstances.
For battery, the penalty is up to six months in county jail and/or a fine of up to $2,000. For a battery with serious bodily injury, the penalty is greater than that for simple battery. The offense may be charged as a misdemeanor or a felony.
Assault in San Diego County: Case Examples
- The defendant was charged with assault when after getting into an argument with a bank clerk, he became angry and spit at the clerk.
- A couple of teenagers were charged with assault after throwing rocks at their neighbor while he was washing his car.
- The defendant was charged with assault after an incident in a bar. While in the bar, the defendant was offended by a man's propositions and she threw her glass of drink at him.
- The defendant was charged with assault in the following circumstances: unhappy with the treatment his wife received in an emergency situation, he took a swing at one of the doctors in an attempt to hit him, but the doctor ducked and avoided the hit.
- A driver was charged with assault after swerving close to a car and making dangerous maneuvers prompted by the fact that he was enraged after the car's driver got in front of him.
Battery in San Diego County: Case Examples
- As a fraternity passing test, the defendant approached a professor, pinned him down, and tickled him. Someone called the police and the defendant was arrested and charged with battery.
- The defendant was charged with battery after pushing his neighbor prompted by the fact that he was offended by his remarks about his son.
- The defendant was charged with battery after he threw a rock at his adversary, with whom he had been exchanging insults. The rock hit the other person's leg.
- At a party, the defendant used a permanent marker to write offensive words on the back of a girl he didn't like and as a result was charged with battery.
- The defendant was involved in a scandal and reporters pressed him for a statement. He pushed one of them and was charged with battery.