Assault/Battery

California law defines assault as an unlawful attempt to cause violent injury to another person. Battery refers to the actual force or violence used against another person. Assault is often described as an attempt to commit a battery. To prove an offense of assault, the prosecutor must show that the defendant intended to commit battery and had the present ability to do so, but they do not need to show that physical contact actually happened. To prove battery, the prosecutor must show that the defendant willfully made contact with another person. 

There are several degrees of battery, including a special charge of battery for those who’ve committed an offense against specified victims like peace officers, police officers, firefighters, emergency response technicians, school employees, and others. Note that domestic assault or battery are governed under separate domestic  violence laws.

The penalties for assault and battery will depend on the circumstances of the case, but they generally follow these guidelines:

• Simple assault – misdemeanor punishable by up to 6 months in county jail and/or a maximum $1,000 fine, probation, restitution to the victim(s)
• Battery – either a misdemeanor punishable by up to 6 months in county jail and/or maximum fine of $2,000 or a felony punishable by up to 3 years in county jail or state prison and/or a fine of $2,000-$10,000
• Battery on a peace officer – up to 3 years in county jail or state prison, fine of up to $10,000

Violent Robbery

According to California Penal Code 211 PC, robbery is a felony involving a person taking the personal property in the possession of another against their will, accomplished by means of force or fear. California also categorizes offenses of robbery into two degrees. First-degree robbery occurs when:

• the alleged victim is a driver or passenger of a bus, taxi, cable car, streetcar, trackless trolley, subway, or other similar transportation for hire;
• the robbery takes place in an inhabited house, boat, or trailer; or
• the robbery takes place while or immediately after the alleged victim uses an ATM.
  
• A robbery in any other circumstances will be charged as second-degree robbery.

First-degree robbery is a felony punishable by felony probation; 3, 4, or 6 years in state prison; and/or up to $10,000 in fines. Second-degree robbery is a felony punishable by felony probation; 2, 3, or 5 years in state prison; and/or up to $10,000 in fines. Be aware that the number of alleged victims determines how many counts of robbery the defendant may be charged with – robbery against 2 people will count as 2 counts of robbery, even if they occur in the same incident.