Simple Battery
In California, simple battery means willfully and unlawfully using force or inflicting violence on someone else. While assault is defined as the unlawful attempt to harm or touch another person, battery involves actually harming or physically touching someone in an offensive manner.
Simple battery is a misdemeanor, punishable by a jail sentence of up to six months and/or a fine of up to $2,000. Keep in mind, you can be charged with battery even if the alleged victim was not harmed or suffered an injury.
However, there are other types of battery charges in California.
Battery Causing Serious Injury
If you commit battery and the alleged victim suffers a serious injury (e.g., broken or fractured bones, a concussion, or a long-term or permanent disability), you could be charged with “battery causing serious bodily injury,” which is also known as “aggravated battery.” This type of battery offense is a wobbler, which can be charged as either a misdemeanor or a felony.
Misdemeanor aggravated battery is punishable by a maximum jail term of one year and/or a fine of up to $2,000. Felony aggravated battery carries a prison sentence of up to four years and/or a maximum fine of $10,000.
Domestic Battery
If you commit battery against a current or former spouse, a current or former fiancé(e), a current or former romantic partner, the father or mother of your child, or a current or former cohabitant, then you could be charged with “domestic battery.”
Domestic battery is a misdemeanor, punishable by a maximum jail sentence of one year and/or a fine of up to $2,000.
Battery on a Peace Officer
If you commit battery against specific workers who are engaged in performing their duties, you can be charged with “battery on a peace officer.”
The specific workers include:
Peace officer (e.g., police or other law enforcement official)
Firefighter
Traffic officer
Code enforcement officer
Custodial officer
Security officer
Animal control officer
Emergency medical technician (EMT) or doctor/nurse providing emergency medical attention
Lifeguard
Process server
Probation department employee
Search and rescue member
Battery on a peace officer is a misdemeanor, punishable by a jail sentence of up to one year and/or a maximum fine of $2,000. However, if the alleged victim suffers an injury, then the offense is a felony, which carries a maximum prison term of three years and/or a fine of up to $10,000.
Sexual Battery
Battery that involves non-consensual touching of another person’s “intimate body part” for the purpose of sexual arousal, gratification, or abuse is known as “sexual battery.” This offense is a wobbler.
Misdemeanor sexual battery carries a maximum jail term of one year and/or a fine of up to $2,000. Felony sexual battery is punishable by imprisonment for up to four years and/or a maximum fine of $10,000.
Elder Abuse
Battery against someone who is at least 65 years old is considered “elder abuse.” While this offense is considered a misdemeanor, if the alleged victim suffers great bodily injury, then elder abuse is a felony.
Misdemeanor elder abuse carries a maximum jail term of one year and/or a fine of up to $6,000. Felony elder abuse is punishable by imprisonment for up to four years and/or a maximum fine of $10,000.
If you have been accused of assault or battery in Santa Barbara, call Appel & Morse at (805) 467-6060 or fill out our online contact form today to request a free case evaluation. Our legal team of former prosecutors has more than four decades of combined legal experience!