ASSAULT AND BATTERY
What is a Battery?
Battery is any willful and unlawful use of force or violence on someone else. A simple battery is a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine.
Does There Have To Be An Injury To Be Convicted Of A Simple Battery?
No, there does not have to be an injury in order to be convicted of simple battery. The act of touching need only be harmful or offensive. For example, spitting on someone can be a battery because it is offensive.
When can a Battery be a Felony?
While there does not need to be an injury to be convicted of a simple battery, if there is an injury, it could elevate a simple battery from a misdemeanor to a felony. For example, a battery that causes great bodily injury is a felony. Also, a battery causing injury to a peace officer is also a felony.
What is an Assault?
Assault is the willful and unlawful attempt to use force or violence on someone else. It is similar to a battery however there does not have to be physical contact. Like a simple battery, a simple assault is a misdemeanor punishable by up to 6 months in jail and/or a $1,000 fine. However, an assault with a deadly weapon or an assault with means likely to cause great bodily injury can be charged as felonies.
Other Consequences
Weapons Condition:
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- If you are convicted of a battery or assault, you will be prohibited from owning or possessing a weapon for a period of time.
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Protective Order:
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- if convicted, the court will also impose a protective order against the victim for the length of your probation.
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Strike:
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- a felony assault with a deadly weapon and assault with means likely to produce great bodily injury are both strikes.
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Immigration consequences:
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- a battery is a crime of moral turpitude and may lead to immigration consequences such as deportation, denial or reentry or naturalization.
If you have been accused of an assault or battery, you must contact the Law Office of Heena Patel for immediate representation. Attorney Patel has successfully protected her client’s facing assault and battery charges from potential jail or prison time by achieving countless dismissals.