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Assault 245 and Battery 242

Call Dolan Law Offices for a free initial consultation or jail visit at 760-775-3739 or 562-824-4007.

As unpopular as violent crimes and violent criminals are in society, individuals accused of violent crimes have the same rights as any other criminal defendant, including the right to an attorney; the right to a jury trial, the right to cross-examine witnesses, the right against self-incrimination, and the right to produce evidence. Individuals accused of violent crimes are typically those most in need of these Constitutional safeguards, as emotion and character evidence is often used to taint and sway the minds of the public, the court, and the jury. At Dolan Law Offices we represent clients charged with a variety of violent crimes in communities throughout Southern California and the Coachella Valley area.

ASSAULT & BATTERY/CRIMINAL THREATS

Definitions of Assault & Battery

Please note that the definitions that follow have been modified and abbreviated in order to make them easily understood by a person who does not practice law. For a full and complete description of the following charges, you must consult an experienced criminal defense attorney.

Penal Code Sections:

242:   Simple Battery: Willful and unlawful use of force or violence against another person. Can only be charged as a misdemeanor.
240:   Simple Assault: An unlawful attempt, coupled with a present ability, to commit a violent injury against another person. Can only be charged as a misdemeanor.
Important:   Simple assault and battery charges can rise in seriousness and may even be charged as felonies when the victim is a member of a specified class: such as a police officer, emergency personnel or school employee. However, if such an enumerated individual is a victim in your case, you will be charged with a different section of the Penal Code than those listed above.
243(d):   Battery with Injury: When a battery is committed against any person and serious bodily injury is inflicted on the person. Can be charged as either a felony or a misdemeanor.
245(a)(1):   Assault with a Deadly Weapon: Any person who unlawfully commits an assault against the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury. Can be charged as either a felony or a misdemeanor.
Important:   A conviction for this offense as a felony may qualify as a strike under California's Three Strikes Law. You must consult an experienced attorney who will discuss the specifics of your case with you and help you avoid a strike.

Also, if the deadly weapon is a car, you may be facing a lifetime revocation of your California Driver's License.
245(a)(2):   Assault with a Firearm: Any person who commits an assault upon the person of another with a firearm. Can be charged as either a felony or a misdemeanor.
203:   Mayhem: Any person who deprives, disables or disfigures a part of another person's body (i.e. slitting a nose, ear, or lip; putting out an eye). Can only be charged as a felony.
Important:   A conviction for this offense will qualify as a strike under California's Three Strikes Law. Also, Aggravated Mayhem, in violation of Penal Code Section 205, can result in a life sentence in State Prison.
422:   Criminal Threats: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statement be taken as a threat.
Important:   A conviction for this offense as a felony will qualify as a strike under California's Three Strikes Law.

Minimum/Maximum Penalties

PC 242; PC 240:  
Misdemeanor: Minimum: Minimum probation and fine
Maximum: 180 days County Jail
PC 422:  
Misdemeanor: Minimum: Probation and fine
Maximum: 1 year County Jail
Felony: Minimum: Probation and fine
Maximum: 3 years State Prison
PC 245(a)(1); PC 245(a)(2); PC243(d):  
Misdemeanor: Minimum: Probation and fine
Maximum: 1 year County Jail
Felony: Minimum: Probation and fine
Maximum: 4 years State Prison
PC 203: Minimum: Probation and fine
Maximum: 8 years State Prison

Probation

Probation is a period of time during which you must stay out of trouble and fulfill conditions set forth by the court or you will face the maximum penalty under the crime for which you have been convicted.

Duration:

Probation will usually last anywhere from 3 to 5 years. However, in certain cases, you can get little or no probation. The less probation, the better. If unable to get the case dismissed entirely, an experienced lawyer will help you get the best probationary sentence available, thereby limiting your overall exposure following a conviction.

Important: You are responsible for maintaining your probation in good standing. When you are placed on probation, you will probably have specific terms and conditions, such as fines and community service, that you must complete in order to remain in compliance. If you fail to satisfy any of those terms and conditions, ignorance will not be a valid excuse. If you are in violation of probation, the judge can sentence you to the maximum punishment available under the law, which often includes custody time.

Remember: If you are facing a probation violation, you are entitled to a probation violation hearing. An experienced attorney should be able to get you the best possible results and often will be able to keep you out of custody entirely.

Misdemeanor Probation: If you are placed on probation following a misdemeanor conviction for any of the above offenses, it will most likely be summary probation with specific terms and conditions. Summary probation simply means probation without a probation officer and without probation fines. However, you must understand that you can both go to jail for an amount of time less than the maximum and also be placed on probation.

Felony Probation: If you are placed on probation following a felony conviction for any of the above offenses, it will most likely be formal probation. This means that you have a probation officer to report to and probation fines that must be paid (these fines often reach amounts in excess of $1,500.00). Remember, you can be sentenced to up to 365 days in the County Jail and still be on probation.

Important: An experienced lawyer can often get a felony charge reduced to a misdemeanor, saving you money and time, while also dramatically reducing your maximum penalty.

Restitution

If your case resulted in injury to the victim, you will be responsible for the damages that were a result of your conduct. This will most often include medical expenses and loss of income. Obviously, depending on the type of injury, the amount of restitution can reach well into the thousands of dollars. Any willful failure to pay back the victim can and most likely will result in a violation of your probation and time in jail.

An experienced attorney can help you avoid restitution completely or reduce the restitution to a reasonable amount and assist in arranging a payment plan within your financial ability to pay.

COMMONLY ASKED QUESTIONS AND ANSWERS

Q:   What if I was acting in self defense?
A:   Self defense can be a complete justification for your conduct and may result in a dismissal of all charges. However, this is a very complicated and nuanced area of the law. If you believe you were acting in self defense in your case, you should consult an attorney immediately. If possible, contact an attorney BEFORE you have any conversations with law enforcement regarding your conduct.

 
Q:   Will I go to jail?
A:   These types of offenses, because they include acts of violence, will often result in the prosecution asking for jail time. If you are facing a felony, even a probationary sentence can carry significant jail time, often 4-6 months in custody. A good lawyer will help you get little to no jail time.

 
Q:   How will these types of offenses affect my ability to seek employment?
A:   Assault and battery related offenses are often crimes of moral turpitude, which basically means that these types of offenses have a negative impact on your character. Therefore, a conviction can have a devastating effect on your ability to find a job.

Important: Once you have successfully completed probation, you can have many of these convictions expunged, thereby preventing private parties, including potential employers, from learning about your record.

 
Q:   If convicted of a felony, what are my chances of getting probation instead of State Prison?
A:   This will depend on your criminal record and the seriousness of the offense charged. If you have a minimal or no criminal record and the crime did not result in serious injury, there is a very good chance you will avoid State Prison and get a probationary sentence.

Important: A probationary sentence does NOT mean no jail time. You can be sentenced to both jail AND probation.

 
Q:   What is the difference between probation and parole?
A:   Parole applies only after you have served a State Prison sentence. Probation will apply to all other misdemeanor and felony sentences

 

Our areas of practice include:

  • Armed robbery, aggravated assault, and battery
  • Arson
  • Bank robbery
  • Carjacking
  • Domestic abuse and domestic violence
  • Firearms and gun offenses, assault weapons, sales and discharge
  • Hate crime offenses
  • Homicide, manslaughter, and murder
  • Kidnapping
  • Sexual assault
  • Stalking
  • Terrorist threats

If you have been contacted by the police, arrested or charged with a violent felony or misdemeanor in Southern California please call Certified California Criminal Defense Specialist John Patrick Dolan, an expert attorney experienced in violent crimes defense, at760-775-3739 or 562-824-4007.

John Patrick Dolan will fight for your freedom!