Assault & Battery

Assault is characterized as the threat of bodily harm with the ability to inflict harm.  A verbal threat alone does not constitute assault. However, if a verbal threat is coupled with an action such as a raised hand, it can be considered assault. Definitions of assault will vary from jurisdiction to jurisdiction but usually do not differ too much from common law.

Assault is broken into two separate categories: simple assault and aggravated assault.  Simple assault is violent but does not involve the use of weapons.  Aggravated assault is violent and involves the use of weapons.  Aggravated assault is associated with a higher degree of violence and malice.  In most instances, assault is categorized as a misdemeanor.

Battery is physical contact with another person that causes bodily harm. Battery is usually broken down into categories such as simple battery, sexual battery, and aggravated battery. Even though battery and assault seem similar, they are different. Assault usually involves a threat with possible action, where battery is an actual act of bodily harm.

Punishments for assault and battery include imprisonment, monetary fines, and probation. Punishments can be enhanced if the offender has a prior criminal record and will depend upon the type of crime, extent of the crime, and if weapons were used during the crime.

If you have been charged with assault and battery, it is important that you speak with an experienced criminal defense attorney. A skilled attorney can advise you of your legal options and protect your rights.

Jeffrey D. Stulberg, A Law Corporation, has successfully represented clients throughout San Luis Obispo County and the Central Coast who have been charged with assault and battery. In some cases, a skilled attorney can negotiate with prosecutors to have charges or sentences reduced. While the outcome of each case depends upon the circumstances involved, Jeffrey D. Stulberg will always fight for his clients’ best interests.

Contact our office today for a free initial consultation.