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Assault, Battery and Criminal Threats

Please note that the definitions that follow have been modified and abbreviated in order to make them easily understood by a person who does not practice law. For a full and complete description of the following charges, you must consult an experienced criminal defense attorney.

Penal Code Sections:

PC 242 - Simple Battery: Willful and unlawful use of force or violence against another person. Can only be charged as a misdemeanor.

PC 240 - Simple Assault: An unlawful attempt, coupled with a present ability, to commit a violent injury against another person. Can only be charged as a misdemeanor. [Important: Simple assault and battery charges can rise in seriousness and may even be charged as felonies.]

PC 243(d) - Battery with Injury: When a battery is committed against any person and serious bodily injury is inflicted on the person. Can be charged as either a felony or a misdemeanor.

PC 245(a)(1) - Assault with a Deadly Weapon: Any person who unlawfully commits an assault against 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. Can be charged as either a felony or a misdemeanor.

->Important: A conviction for this offense as a felony may qualify as a strike under California's Three Strikes Law. You must consult an experienced attorney who will discuss the specifics of your case with you and help you avoid a strike. Also, if the deadly weapon is a car, you may be facing a lifetime revocation of your California Driver's License.

PC 245(a)(2) - Assault with a Firearm: Any person who commits an assault upon the person of another with a firearm. Can be charged as either a felony or a misdemeanor.

PC 203 - Mayhem: Any person who deprives, disables or disfigures a part of another person's body (i.e. slitting a nose, ear, or lip; putting out an eye). Can only be charged as a felony. [Important: A conviction for this offense will qualify as a strike under California's Three Strikes Law. Also, Aggravated Mayhem, in violation of Penal Code Section 205, can result in a life sentence in State Prison.]

PC 422 - Criminal Threats: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person with the specific intent that the statement be taken as a threat. [Important: A conviction for this offense as a felony will qualify as a strike under California's Three Strikes Law.]

Minimum/Maximum Penalties

PC 242; PC 240:

Misdemeanor: Minimum: Probation and fine; Maximum: 180 days County Jail

PC 422:

Misdemeanor: Minimum: Probation and fine; Maximum: 1 year County Jail

Felony: Minimum: Probation and fine; Maximum: 3 years State Prison

PC 245(a)(1); PC 245(a)(2); PC243(d):

Misdemeanor: Minimum: Probation and fine; Maximum: 1 year County Jail

Felony: Minimum: Probation and fine; Maximum: 4 years State Prison

PC 203:

Felony: Minimum: Probation and fine; Maximum: 8 years State Prison

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 DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. The posts and opinions expressed on this website are solely the personal opinions of The Law Offices of Roland X Tiemann. They do not represent or reflect (nor are they intended to represent or reflect) the positions, opinions, viewpoints, policies and/or statements of any entity in which the Law Offices has any ownership interest, with which they have any contractual or other legal relationship, or which is, was or might be the Law Offices client or customer. This website is not intended to be an advertisement or solicitation for legal services. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of the Law Offices. The exact nature of your legal situation will depend on many facts not known to the Law Offices at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary.

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