Each state has their own definition of the different laws and their punishment. However often they are all very similar. Using the State of California in Penal Code 243 and 242, we will define how the state views both Domestic Abuse and Assault and Battery. Some have misconception regarding this and are not sure when they have violated these laws and often find themselves in jail. Today, Ajua Bail Bonds will share and hopefully define Domestic Abuse and Assault and Battery to give a clear understanding on where the States of California draws the line of the law.
Domestic Abuse Definition
As the state declares, the willful battery or inflicting harm or offenses committed against the defendant’s present or former spouse, cohabitant, fiancé, currently dating or past relationship with someone, as well as parents, child or children, is guilty of Domestic Abuse. A defendant can be charged with domestic battery or spousal battery even if the victim is not injured but the presence of “force” or “violence” was used during the confrontation. Both women and men can be charged with Domestic Abuse. The State of California views Domestic Abuse as a misdemeanor where the one who committed the act of domestic abuse can be punished with one year in county jail or be charged with a $2000 dollar fine or both.
Examples of Domestic Violence
Some surprising, and perhaps some even not, examples of domestic abuse are pushing, grabbing or pulling with force that leads to bruising, ripping of clothing, or even pulling of hair or scratching. Of course any other elevated physical force is obviously included.
Assault and Battery Legal Definition
Battery is when a person willfully and unlawfully uses violence or physical force on another person. However most assume battery charges are when another person suffers great injury. However this is not the case as long as there was any kind of contact with another person, regardless as to the degree of injury. In such cases the aggressor can be guilty of battery. Assault is different than battery as the state of California defines Assault as an attempt to use violence or force against another person. Most people believe assault and battery is a single law. However as you can see, they are separate and individual crimes. Some examples of battery are when one individual either pushes, or even throws objects with the intent to hurt another person. Battery charges can even be placed if a person spits on another person.
Assault & Battery Jail Time
The penalty of Assault and Battery is a misdemeanor that can lead to 6 months in the county jail and/or the fine of $2000. Keep in mind if an Assault and Battery charge is against a police officer, firefighter, EMT or a public servant of any kind and they received injury during the “battery,” the person will be charged with a felony rather than a misdemeanor. In this case, the person can receive prison time. The penalties will vary depending on the level of violence or injury committed.
Bail Bond Services in Selma & Fresno County, Atwater & Merced County, Visalia & Tulare County, Hanford & Kings County, Madera County and the Central Valley of California
Ajua Bail Bonds provide bonds for both domestic abuse and assault and battery charges. Bails bonds provide more time with family and friends as you prepare for your defense. If you or a loved one is in need of a bail bond, contact Ajua Bail Bonds today.