The California Penal Code defines battery as the willful use of force or violence upon another person. Generally, it refers to any kind of unwanted or non-consentual physical contact with another person. An assault is actually defined as an "attempted battery", or placing a person in fear of bodily harm from another person.
The individual charged with the assault must be considered reasonably capable of carrying out the attack. The target of the attack must also be aware of the danger, though that is not always true. Along with carrying criminal penalties, assault is also a civil wrong, which means the target of an assault may sue for damages, emotional, physical or financial, resulting from the attack.
Aggravated assault is the crime of attacking another person with a deadly or dangerous weapon, such as a gun, knife, or blunt object, in a manner that is likely to produce serious bodily harm. The use of other "weapons", such as corrosive chemicals or throwing a chair at someone, is also considered aggravated assuault.
It is not necessary that serious bodily harm actually results from an aggravated assault when there is use of a gun, knife or other weapon that could or probably would result in serious injury if the attack were successfully completed. Aggravated assault is often connected with the commission of another crime, such as beating a clerk during a robbery. The crime of aggravated assault is usually a felony punishable by a term in state prison, or a misdemeanor with jail time.
If you or a loved one has been arrested for Assault, Battery, or Aggravated Assault please feel give Orange County Bail Bonds a call at 800-422-4540 24-hrs, 7 days a week for easy, fast and friendly bail bonds services. We will take the time to answer all your questions and make sure you get the best advise in your time of need.
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