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Assault and Battery

In California, Assault has several classifications under the California Penal Code 240-241 and 244-245. It is the act of a crime that an individual intentionally attempts or threats to injury a person. The prosecution must prove beyond a reasonable doubt because the law doesn't actually require an act of injury. That means no touching or bodily harm to the victim. It is both a crime and a tort which one can face civil and criminal charges, whether it is a misdemeanor or felony charge that may result in fines and even imprisonment. The form of Battery is quite different but not uncommon to be placed among the charges that one can encounter. The California Penal Code242-243 classifies a Battery charge as either a misdemeanor or a felony, which is use force against another individual which directly results in offensive or harmful contact.

Penalties will be increased if you commit an assault against a:

  • Police Officer
  • Public Safety Officer or Firefighter
  • Teacher, Bus Driver, Cab Driver or Transit Operator
  • Prison Guard or Government Official
  • Highway Worker or Special Cases

Regardless of the outcome, both charges separate or together need to be looked upon by a legal representative. The United States sees this as a crime in several sections outlined in Title 18.

California Penal Code 240-241: Simple Assault

It is the least serious assault charge punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. This can be either a misdemeanor of felony depending on the verdict with the Judge.

California Penal Code 242: Simple Battery

It is any unlawful use of force or violence against a person and is punishable by $2,000 fine and 6 months in jail. This can be either a misdemeanor of felony depending on the verdict with the Judge.

California Penal Code 244: Assault w/FireArm

You will be charged with having a firearm if you have possession of a firearm during the commission of a crime in the act of an assault, which is a felony. Conviction carries up to a $10,000 fine and 4 years in a state prison.

California Penal Code 245: Assault w/Deadly Weapon

This is a felony charge having other than a firearm and is punishable with fines up to $10,000 and a 4 year prison sentence.

The Federal Title 18 Part 1, Ch. 7, Section 111-119.
Section

111.    Assaulting, resisting, or impeding certain officers or employees. Penalty for simple assault of a fine, imprisonment for up to one year, or both, and a penalty in all other cases of a fine, imprisonment for up to eight years, or both. An enhanced penalty of a fine or imprisonment for up to 20 years is provided for if a “deadly or dangerous weapon” is used or if bodily injury is inflicted.

112.    Protection of foreign officials, official guests, and internationally protected persons. Penalty of a fine, imprisonment of up to three years, or both, and an enhanced penalty of a fine or imprisonment of up to 10 years, or both, if a deadly or dangerous weapon” is used or if bodily injury is inflicted.

113.    Assaults within maritime and territorial jurisdiction. (1) Assault with intent to commit murder, by imprisonment for not more than twenty years. (2) Assault with intent to commit any felony, except murder or a felony under chapter 109A, by a fine under this title or imprisonment for not more than ten years, or both. (3) Assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse, by a fine under this title or imprisonment for not more than ten years, or both. (4) Assault by striking, beating, or wounding, by a fine under this title or imprisonment for not more than six months, or both. (5) Simple assault, by a fine under this title or imprisonment for not more than six months, or both, or if the victim of the assault is an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 1 year, or both. (6) Assault resulting in serious bodily injury, by a fine under this title or imprisonment for not more than ten years, or both. (7) Assault resulting in substantial bodily injury to an individual who has not attained the age of 16 years, by fine under this title or imprisonment for not more than 5 years, or both.

114.    Maiming within maritime and territorial jurisdiction. Whoever, within the special maritime and territorial jurisdiction of the United States, and with intent to torture (as defined in section 2340), maim, or disfigure, cuts, bites, or slits the nose, ear, or lip, or cuts out or disables the tongue, or puts out or destroys an eye, or cuts off or disables a limb or any member of another person; or

Whoever, within the special maritime and territorial jurisdiction of the United States, and with like intent, throws or pours upon another person, any scalding water, corrosive acid, or caustic substance—shall be fined under this title or imprisoned not more than twenty years, or both.

115.    Influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.

Whoever assaults, kidnaps, or murders, or attempts or conspires to kidnap or murder, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or a member of the immediate family of any person who formerly served as a person designated in paragraph (1), with intent to retaliate against such person on account of the performance of official duties during the term of service of such person, shall be punished as provided in subsection (b). (i) if the assault consists of a simple assault, a term of imprisonment for not more than 1 year; (ii) if the assault involved physical contact with the victim of that assault or the intent to commit another felony, a term of imprisonment for not more than 10 years; (iii) if the assault resulted in bodily injury, a term of imprisonment for not more than 20 years; or (iv) if the assault resulted in serious bodily injury (as that term is defined in section 1365 of this title, and including any conduct that, if the conduct occurred in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242 of this title) or a dangerous weapon was used during and in relation to the offense, a term of imprisonment for not more than 30 years.

116.    Female genital mutilation. (a) Except as provided in subsection (b), whoever knowingly circumcises, excises, or infibulates the whole or any part of the labia majora or labia minora or clitoris of another person who has not attained the age of 18 years shall be fined under this title or imprisoned not more than 5 years, or both.

(b) A surgical operation is not a violation of this section if the operation is—(1) necessary to the health of the person on whom it is performed, and is performed by a person licensed in the place of its performance as a medical practitioner; or(2) performed on a person in labor or who has just given birth and is performed for medical purposes connected with that labor or birth by a person licensed in the place it is performed as a medical practitioner, midwife, or person in training to become such a practitioner or midwife.(c) In applying subsection (b)(1), no account shall be taken of the effect on the person on whom the operation is to be performed of any belief on the part of that person, or any other person, that the operation is required as a matter of custom or ritual.

117.    Domestic assault by a habitual offender. (a) In General.— Any person who commits a domestic assault within the special maritime and territorial jurisdiction of the United States or Indian country and who has a final conviction on at least 2 separate prior occasions in Federal, State, or Indian tribal court proceedings for offenses that would be, if subject to Federal jurisdiction—(1) any assault, sexual abuse, or serious violent felony against a spouse or intimate partner; or(2) an offense under chapter 110A,shall be fined under this title, imprisoned for a term of not more than 5 years, or both, except that if substantial bodily injury results from violation under this section, the offender shall be imprisoned for a term of not more than 10 years.(b) Domestic Assault Defined.— In this section, the term “domestic assault” means an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim.

118.    Interference with certain protective functions.  Any person who knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized under section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709) or section 103 of the Diplomatic Security Act (22 U.S.C. 4802) shall be fined under this title, imprisoned not more than 1 year, or both.

119.    Protection of individuals performing certain official duties. (a) In General.— Whoever knowingly makes restricted personal information about a covered person, or a member of the immediate family of that covered person, publicly available—(1) with the intent to threaten, intimidate, or incite the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person; or(2) with the intent and knowledge that the restricted personal information will be used to threaten, intimidate, or facilitate the commission of a crime of violence against that covered person, or a member of the immediate family of that covered person, shall be fined under this title, imprisoned not more than 5 years, or both.(b) Definitions.— In this section—(1) the term “restricted personal information” means, with respect to an individual, the Social Security number, the home address, home phone number, mobile phone number, personal email, or home fax number of, and identifiable to, that individual;(2) the term “covered person” means—(A) an individual designated in section 1114;(B) a grand or petit juror, witness, or other officer in or of, any court of the United States, or an officer who may be, or was, serving at any examination or other proceeding before any United States magistrate judge or other committing magistrate;(C) an informant or witness in a Federal criminal investigation or prosecution; or

(D) a State or local officer or employee whose restricted personal information is made publicly available because of the participation in, or assistance provided to, a Federal criminal investigation by that officer or employee;(3) the term “crime of violence” has the meaning given the term in section 16; and (4) the term “immediate family” has the meaning given the term in section 115 (c) (2).

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