LAW OFFICE OF BRIAN R. MASON, APC
Assault & Battery
Assault and Battery are very similar crimes. In general, Battery is the unlawful
use of force on a person, while Assault is an attempted Battery. Both crimes are potential strikes and the punishment can include prison if the case is charged as a felony.
Due to the serious nature of these charges, you need an experienced and aggressive assault and battery defense lawyer on your side. Atttorney Brian Mason works directly with private investigators to investigate your case for any potential defenses that may be available to you.
Call (858) 444-5256 or use our contact form to speak directly to a San Diego Criminal Defense Attorney experienced in assault and battery defense.
Assault
Penal Code 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Assault with a Deadly Weapon
Penal Code 245 defines many different types of the crime “Assault with a Deadly Weapon.” The punishment for each of these types of crimes depends on the type of weapon used and the victim
the weapon was used upon.
Assault with a Deadly Weapon: Non-Firearm:
Penal Code 245(a)(1) states that any person who commits an assault upon 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 shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars
($10,000), or by both the fine and imprisonment.
Assault with a Deadly Weapon: Use of Firearm:
Penal Code 245(a)(2) states that any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in
a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
Assault with a Deadly Weapon: Use of a Machine Gun:
Penal Code 245(a)(3) states that any person who commits an assault upon the person of another with a machine gun, or an assault weapon, or a .50 BMG rifle, shall be punished by imprisonment in the
state prison for four, eight, or twelve years.
Assault with a Deadly Weapon: Use of a Semi-Automatic Firearm:
Penal Code 245(b) states that any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine
years.
Assault with a Deadly Weapon: Peace Officer Victim and No Use of Firearm:
Penal Code 245(c) Any person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon the person of a peace officer
or firefighter, and who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is
engaged in the performance of his or her duties, shall be punished by imprisonment in the state prison for three, four, or five years.
Assault with a Deadly Weapon: Peace Officer Victim and Use of Firearm:
Penal Code §245(d)(1) states that any person who commits an assault with a firearm upon the person of a peace officer or firefighter, and who knows or reasonably should know that the victim is a
peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished by
imprisonment in the state prison for four, six, or eight years.
Assault with a Deadly Weapon: Peace Officer Victim and Use of Semi-Automatic:
Penal Code 245(d)(2) states that any person who commits an assault upon the person of a peace officer or firefighter with a semiautomatic firearm and who knows or reasonably should know that the
victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the performance of his or her duties, shall be punished
by imprisonment in the state prison for five, seven, or nine years.
Assault with a Deadly Weapon: Peace Officer Victim and Use of Machine Gun:
Penal Code 245(d)(3) states that any person who commits an assault upon the person with a machine gun or an assault weapon, or a .50 BMG rifle, upon the person of a peace officer or firefighter, and
who knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, when the peace officer or firefighter is engaged in the
performance of his or her duties, shall be punished by imprisonment in the state prison for six, nine, or twelve years.
Battery
Penal Code 242 defines Battery as any willful and unlawful use of force or violence upon the person of another.
A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.
However, when a battery is committed against certain classes of people, such as a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic
officer, code enforcement officer, or animal control officer engaged in the performance of his or her duties, than the penalty can be increased to include 2, 3 or 4 years in State Prison.
Additonally, when a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment in the state prison for two, three, or four years.
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