23 Mar
Understanding Assault And Battery

Understanding Assault and Battery

There are a host of criminal charges associated with domestic violence that can occur in a family. In this article we will go over the different charges that may be placed on a person for this charge.

This article is to inform those that are considering that they may be arrested for this type of criminal activity.

Assault

Assault is defined as an intentional attempt to cause physical harm to another. The criminal charges include assault in the third degree. The punishment for a conviction of this crime in the state of California include incarceration for up to twelve months, a fine of up to $1,000 and/or up to eight hours of community service.

The second offense will warrant the imposition of a prison sentence of up to one year and/or a fine of up to $2,000. The third offense will impose a prison sentence of up to three years and/or a fine of up to $4,000.

If someone is convicted of assault in the second or third degree, they may be ordered to enroll in a domestic violence program.

Bodily Harm

Bodily harm involves an intentional attempt to cause harm to another. The criminal charges may include assault in the second degree. The punishment for this crime in the state of California includes incarceration for up to two and a half years, a fine of up to $3,000 and/or up to eight hours of community service. If the person is convicted of second degree assault, they will be incarcerated for up to four years and fines of up to $4,000. The third offense will impose a prison sentence of up to five years and/or fines of up to $6,000.

If someone is convicted of assault in the second degree, they may be ordered to enroll in a domestic violence program.

Battery

Battery is defined as an intentional attempt to cause physical harm to another. The criminal charges include battery in the second degree. The punishment for this crime in the state of California includes incarceration for up to two years, a fine of up to $3,000 and/or up to eight hours of community service. If the person is convicted of second degree battery, they will be incarcerated for up to four years and fines of up to $4,000. The third and subsequent offenses will impose a prison sentence of up to five years and fine of up to $6,000.

If someone is convicted of battery in the second degree, they may be ordered to enroll in a domestic violence program. If someone is convicted of battery, they are not eligible for probation after their incarceration.

Assault in the First Degree

A person can be charged with assault in the first degree if they threaten the physical injury of another, whether or not the threat is carried out is immaterial. Under the legal action, imprisonment terms can be severe. Punishment for this is imprisonment for up to life in prison and hefty fines. If a firearm or deadly weapon is involved, the sentence will be even more severe. If a child is present in the situation, the sentence can be up to fifteen years in prison and fine of up to $10,000.

Assault in the Second Degree

If an assault occurs without a deadly weapon involved, the punishment can be less severe. An individual can be charged with assault in the second degree if they threaten the injury of another. If a firearm is present in the situation, the punishment can be anywhere from a fine of up to $3,000 and/or a term of up to a year in county jail.

What if you are charged with assault by means of violence?
In certain situations, it can be used as a defense. It may, for instance, not be considered a serious crime, or an act that amounts to a mere misdemeanor and the individual is convicted of the crime.

If you are in danger of being charged with this crime, do not give into the panic. Contact a criminal defense lawyer. An attorney can help you fight your charge or make sure you receive fair trial and punishment for your criminal actions.

Contact a criminal defense lawyer Understanding Assault and Battery

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