Assault & Battery

Charged with Assault & Battery in Sacramento?

A heated argument, a bar fight, or even a false accusation can quickly turn into a serious criminal case. In California, assault and battery are separate crimes—but both can lead to life-changing consequences. If you’ve been arrested or are under investigation, understanding the charges and your legal options is critical.

Key Takeaways

• Battery is any unlawful or offensive physical contact.
• Assault is the attempt or threat to cause harm—even without contact.
• Both crimes can be charged as misdemeanors or felonies depending on the facts.
• Common defenses include self-defense, defense of others, and lack of intent.
• Convictions can carry jail time, fines, and a permanent criminal record.

Understanding Battery Under California Law

Battery is more than just a punch or a shove. Under California Penal Code §242, battery occurs when someone willfully and unlawfully uses force or violence against another person. The law doesn’t require injury—any unwanted physical contact can qualify.

Examples of battery:

• Shoving someone during an argument
• Spitting on someone during a protest
• Touching someone in a sexually inappropriate way without consent

Battery becomes aggravated (Penal Code §243(d)) when it causes serious bodily injury.

What Is Assault?

Assault is defined under Penal Code §240 as an unlawful attempt, coupled with the present ability, to commit a violent injury on someone else. Unlike battery, assault does not require physical contact.

Common assault scenarios:

• Throwing a punch but missing
• Brandishing a weapon in a threatening manner
• Threatening to strike someone with immediate intent

Depending on the circumstances, assault can be charged as:

• Simple assault (misdemeanor)
• Assault with a deadly weapon (Penal Code §245) — often charged as a felony

Misdemeanor vs. Felony Charges

The prosecution will consider the nature of the alleged act, injuries, use of weapons, and the defendant’s criminal history. Here’s a general breakdown:

Misdemeanor Assault & Battery

• Up to 6 months in county jail
• Fines up to $1,000
• Probation, anger management classes

Felony Assault or Aggravated Battery

• 1–4 years in state prison
• Fines up to $10,000
• Strike under California’s Three Strikes Law (if serious injury or weapon involved)

Common Defenses Against Assault & Battery Charges

Every case is unique, but some of the most effective legal defenses include:

• Self-defense: You had a reasonable belief of imminent harm and used only necessary force.
• Defense of others: You were protecting another person from harm.
• Consent: The other party agreed to physical contact (common in sports or mutual fights).
• False accusation: The incident didn’t occur as claimed, or you were misidentified.
• No intent: The contact or threat was accidental or misinterpreted.

Why Legal Representation Matters

Assault and battery charges are highly fact-sensitive. Without an experienced defense attorney, you risk losing access to key defenses, being overcharged, or missing opportunities for case dismissal or reduction. At the Law Office of Wing & Parisi, we’ve defended hundreds of clients facing violent crime allegations—and we know how prosecutors approach these cases.

Facing Assault & Battery Charges in Sacramento?

Don’t wait to protect your rights. At the Law Office of Wing & Parisi, we bring over 76 years of combined experience to every case—fighting for dismissals, reductions, and second chances.

Whether it’s your first charge or you’re facing a felony, we’ll help you navigate the court system with clarity and strength.

Call (916) 441-4888 or contact us online for a free, confidential consultation. Available in Spanish. We appear in state and federal courts throughout Sacramento, Placer, San Joaquin, and Yolo counties.

Contact Sacramento Criminal Defense Attorney

When you have been charged with a crime, choose a criminal defense attorney in Sacramento with the experience and dedication to make a difference. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.

Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.