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California Bail Bonds for Assault and Battery Charges
Assault and battery are often used interchangeably, but they are two distinct and separate crimes. While related, you can be charged with both, and each has its own legal implications.
What is Battery?
Battery, defined under Penal Code 242, involves the willful and unlawful use of force against another person. For this to be considered battery, three conditions must be met:
- The act must be willful and unlawful.
- Force or violence is used.
- The force or violence is directed against another person.
In battery cases, you don’t necessarily need to cause any damage or injury. Simply touching something intimately connected to another person, like their clothing or an item they are holding, can lead to a battery charge.
Examples of Battery
- Grocery Store Incident: You argue with your girlfriend and, while leaving the store, you push through a crowd, accidentally causing a woman to fall. Though unintentional, you used force, which could lead to a battery charge.
- Bar Fight: At a bar, you knock a drink from someone’s hand after they approach your girlfriend. This can also result in a battery charge.
What is Assault?
Assault, unlike battery, doesn't require physical contact. It involves attempting to make unlawful contact with the intent to harm.
Components of Assault
For an action to be considered assault under Penal Code 240, three factors must exist:
- An unlawful attempt to use force.
- The ability to inflict harm.
- A victim upon whom the harm was attempted.
Examples of Assault
- Argument with a Neighbor: After a heated discussion over loud music, you throw a rock at your neighbor. Even if the rock misses and no injury occurs, you could still be charged with assault.
- Parking Lot Incident: During a disagreement with a friend, they take a swing at you but miss. Even without physical contact, they could still be charged with assault.
Misdemeanor Assault and Battery Penalties
Misdemeanor Assault (PC 240)
Penalties for simple assault may include:
- Up to 6 months in jail
- Fines up to $1,000 (or $2,000 if the victim is a police officer)
Misdemeanor Battery (PC 243)
Simple battery charges can result in:
- Up to 6 months in county jail
- A fine up to $2,000
- Probation for up to 6 months
Felony Assault and Battery
Felony assault includes crimes against certain professionals, such as:
- Doctors and nurses
- Emergency medical technicians
- School employees
Felony assault can result in:
- Up to 3 years in jail
- A fine up to $2,000
- Probation for up to 3 years
Felony battery can lead to up to 3 years in state prison or county jail, along with fines and probation.
Aggravated Assault and Battery
Aggravated assault involves using a deadly weapon or the intent to commit another felony, like rape or murder.
Aggravated battery (PC 243(d)) involves serious bodily injury resulting from battery, and carries more severe penalties than simple battery.
What Happens if I am Arrested for Assault & Battery?
If you are arrested for assault and battery, staying calm is crucial. Keeping your composure can help you avoid additional charges and allow the police to better assess the situation.
Key Points When Arrested
- Cooperate with police officers without resisting.
- Speak calmly if you choose to answer questions.
- Avoid speaking to or yelling at the other party involved.
Can I Get Out of Jail if I'm Charged With Assault & Battery?
After an arrest, bail is often set based on a standard schedule. If you can't afford the full bail, contacting a bail bonds company can help you post bail for a fraction of the cost.
How Bail Bonds Work
A bail bonds company like OnCall Bail Bonds will post your bail in exchange for a small fee (usually 10% of the total bail). This allows you to get out of jail while awaiting trial.
Who Has the Best Price on Assault & Battery Bail Bonds?
OnCall Bail Bonds offers the lowest rates in Southern California, with bail premiums as low as 7%. With no recurring fees and payment plans available, you can secure a bond without financial strain.
