Law Office of Lance Dacre

For a free confidential consultation with an experienced American canyon criminal defense lawyer, please call attorney Lance Dacre at (707) 534-1854.

What is the Difference Between Assault and Battery?

The terms assault and battery are so commonly used in tandem that many people do not realize each is a separate offense, and the distinction between them. In California, assault and battery are defined under separate penal codes.

Defense When Charged with Assault and Battery

Assault and battery refer to a wide spectrum of actions, with highly subjective distinctions. A conviction at the lower end of the scale (simple assault or simple battery) may result in probation, a small fine, or a short jail sentence. Conviction for the most serious offenses, such as assault with a machine gun or assaulting a peace officer, have severe penalties—as much as twelve years in prison or a $10,000 fine and result in a strike under California’s Three Strikes law. Even a conviction for simple assault results in a criminal record and a host of related problems.

California DUI Penalties

A DUI in California is a serious matter. If convicted, you face fines, the suspension of your driver’s license, the installation of an ignition interlock device, and possibly jail. Additionally, California has enhancement penalties in cases where a driver’s blood alcohol content (BAC) is in excess of .15% or if a minor under the age of 14 was a passenger in your car at the time of your DUI arrest.

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