Assault – 245

Simple assault includes taking a swing at someone (and missing) who is within striking distance or threatening someone with an object. Simple battery is defined as striking someone with a closed fist, shoving them, or hitting them with a small object. Assault or battery on healthcare, public workers, and other protected individuals carries a heavier sentence, based on the situation.

Assault and battery, considered “wobblers” in the state of California, can be charged as either misdemeanors or felonies—depending on the crime AND the victim. This gives you the opportunity (with good representation) to plead down and ensure the least penalty possible.

Potential penalties include:

  • Six months in county up to three years in prison depending on crime and criminal history
  • Fines up to $2,000 all the way to $10,000 depending on the victim
  • Probation of six months to three year