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."

Therefore, the 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.

Bail Amount in San Diego County

These are some common assault and battery misdemeanors for which the San Diego Superior Court has set bail amounts:

  • Assault on a non-law enforcement officer
  • Assault on a parking officer
  • Assault on a law enforcement officer or firefighter
  • Battery

Battery and assault charges in San Diego County can range from $2500 to $150,000 depending on the seriousness of the injury and special circumstances surrounding the incident.

We service all San Diego County Jails 24 hours a day and we have a network of bail agents within 5 minutes of every single jail in San Diego County. For more information about the bail amount, the booking process, the rights you have, and jail bail out:

Call 24/7: (760) 505-0811 (Local) | (844) BAIL-400 (Toll Free)

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Penalties for Assault and for Battery in San Diego County

For assault, the defendant could be sentenced up to six months in county jail and/or could be fined with up to $1000.

For battery, the penalty is up to six months in county jail and/or a fine of up to $2000.

Assault Scenarios We Encountered in San Diego County

  • The defendant gets into an argument with a bank clerk. He becomes angry and spits at the clerk.
  • A couple of teenagers throw rocks at their neighbor while he is washing his car.
  • While in a bar, the defendant is offended by a man's propositions. She throws her glass of drink at him.
  • Unhappy with the treatment his wife received in an emergency situation, the defendant takes a swing at one of the doctors in an attempt to hit him, but the doctor ducks and avoids the hit.
  • A driver is enraged by another car getting in front of him and starts swerving close to it and making dangerous maneuvers.

Battery Scenarios We Encountered in San Diego County

  • 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.
  • The defendant was offended by his neighbor's remarks about his son and pushed him.
  • After insulting each other, the defendant throws a rock at his adversary. The rock hits his leg.
  • At a party, the defendant uses a permanent marker to write offensive words on the back of a girl he didn't like.
  • The defendant was involved in a scandal and reporters pressed him for a statement. He pushed one of them and was charged with battery.