Assault and battery are two separate criminal charges that are often grouped together in criminal cases. Assault charges address the attempt or threat of violence while battery refers to the actual, intentional touching or hitting of another person against his/her will.

Depending on the circumstances, assault and battery can be charged as either a felony or misdemeanor. The severity of injury – if any – typically plays an integral role in how the offense is ultimately charged, as does the alleged use of a weapon.

The penalty for a simple misdemeanor assault and/or battery may be up to 6 months in county jail and/or a fine of up to $1,000. Felony assault and battery, however, involve much harsher consequences and are punishable by state prison sentences. In addition, special enhancements may be added to the base charge(s) that can increase substantially the length of one’s prison sentence.

There are, however, a number of ways to fight battery and assault charges, including self-defense, mistaken identity, and civil compromise – to name a few.

If you’ve been charged with assault or battery and would like to discuss your options, you need to find a lawyer who knows how to disrupt the case that’s being built against you. Please contact our office to speak with a San Diego criminal defense attorney today.