Assault (without a weapon or without aggravation) is the criminal act of using violence against another person with the apparent intention of causing physical harm. Assault crimes are further categorized as simple assault and aggravated assault. A simple assault is considered a misdemeanor and is lesser offense than aggravated assault. Simple assaults can be physical attacks involving minor injuries, or attacks that do not involve the use of a weapon. Unlawful physical attack on another person with the intention of inflicting serious injuries is considered an aggravated assault which is a felony offense. Aggravated assault crimes may involve the use of a deadly weapon with the intent to kill or to do profound physical harm.  In many jurisdictions reckless endangerment of human life and malevolence are also considered felonies.

In California, assault and battery are two separate criminal offenses, but often go together in a criminal charge. Battery is defined as the actual physical attack with the other person with the intention of causing harm. Two factors are always present in an assault so as to prove the attempt is unlawful; 1) the intention to commit harmful contact to the other person, and; 2) there must be an act to harm the another person. Moreover, there must be the actual capability of the suspect to do the imminent contact. It does not necessarily involve that the victim actually sustain physical harm. The act of attempting to harm the other person can already be considered a criminal violation as an assault, although the suspect has not completed the actual assault.

A person convicted whether of a misdemeanor assault or felony assault and/or battery can face serious penalties including: jail or prison time, large fines, probation, losing the right to own a weapon, losing driving license, criminal records and more.

California: Three Strikes and You’re Out

In California, assault and battery charges could have lasting effects. The California Three Strikes Law enforces severe penalties on a person convicted of more than one violent or serious felony offense. If you had any criminal charges prior to the assault and battery offense, a conviction may result in a second strike which means you will be penalized with double the normal sentence you could face. If for the third time you are convicted even for a crime that is not deemed violent or serious, may result twenty-five years to life in prison.