September 22, 2011 By Wallin & Klarich

Simply stated, this crime occurs when you willfully and unlawfully use force or violence upon another human being. Most people get the impression that you probably punched someone in the midst of a bar-room brawl, but assault and battery encompasses much more than that.

Assault and Battery can be charged whenever there is a willful touching that is either harmful or offensive. You don’t necessarily have to break any bones or cause a bruise to be charged. Even kissing another human being or spitting on them can incur an Assault and Battery charge because they can qualify as unwanted, offensive touching.

It isn’t even required that you personally touch any part of the victim’s body. The charge can be triggered for merely touching the victim’s clothing or touching something that is closely connected or attached to the victim’s body. Kicking out a person’s walking cane from under them or snatching a dinner plate from their hands can qualify as Assault and Battery.

Charges that do not result in serious bodily injury are prosecuted as a misdemeanor which includes a possible jail sentence of up to six months in county jail and/or a maximum fine of $2,000. If you do cause serious injury, you may be upgraded to “aggravated battery” which is not a pretty charge, it may expose you to a felony conviction and a strike pursuant to
California’s Three Strikes law. The same goes with using a deadly weapon or means of force that is likely to cause great bodily injury. This means using objects like a lead pipe, or a gun, or even your car.

You would also create more trouble for yourself if you used unlawful force on certain individuals like a police officer. In these unfortunate situations, you will likely face harsher jail terms and higher fines than normal Assault and Battery charges – regardless of whether or not serious injury resulted.

In any case, Assault and Battery is a serious charge that calls for the skill and expertise of a Los Angeles assault attorney like the ones at Wallin & Klarich. At Wallin & Klarich, our attorneys have been in practice for over 30 years and can help you achieve the best possible outcome. Call us today at 877-230-1528 or visit us online at We will be there for you when you call.

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