Assault and Battery Law

In the state of California, assault and battery can be charged as a misdemeanor or as a felony, depending upon the seriousness of the charge. If you’ve been charged with this type of offense, it’s important to understand assault and battery law. Simple assault is the least serious of the charges and is a misdemeanor. Simple battery is the willful and unlawful use of violence against another, and it can be charged as either a misdemeanor or a felony. Assault with a firearm is generally considered a felony. Assault and battery can carry penalties of fines of up to $10,000 and prison sentences of up to four years. Bruce Funk Law understands the assault and battery laws and your rights to have a professional attorney present during any proceedings or trial. We are dedicated to defending your rights and will work toward a positive outcome for your case.

What Can Make an Assault and Battery Charge More Serious?

The penalties for an assault and battery charge can quickly become more serious under certain circumstances, which include assaulting a police officer, an emergency medical technician, a firefighter, or a government official. Assault charges may also be more serious if the assault occurred on the grounds of a hospital or school. However, there are times when police officers or government officials may abuse their power or use excessive force, creating duress for the party accused of the assault. Bruce Funk Law will use their experience to discover any extenuating circumstances that may have created duress leading to assault and battery. We can use our investigators and other professional personnel to determine who is at fault and create a defense to help your case.