What is assault and battery?
Assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (Penal Code Section 240)
Battery is any willful or unlawful use of force or violence upon the person of another. (Penal Code Section 242) Even an “offensive touching” can constitute a battery.
Simple assault or battery is punishable by a fine and imprisonment not exceeding six months. But if the assault or battery is committed against certain persons, such as a police officer, roommate, or husband or wife, the penalty is more severe. And assault with a deadly weapon—which can mean anything likely to produce great bodily harm – is a criminal offense that can carry very serious consequences.
Never proceed without a skilled criminal defense lawyer if you have been charged with assault or battery.
Please contact Oakland criminal defense attorney Robbi Cook at (510)208-5051 for a free consultation. Oakland criminal attorney.