How to Sue Someone for Assault and Battery in California

In California, assault and battery are two separate crimes, although they are often both charged by a prosecuting attorney for the same incident. The difference between the two is not complicated. Under California assault laws, assault does not require physical contact between the perpetrator and the victim. The crime of battery is committed when the perpetrator makes physical contact with the victim.

Because battery includes physical contact, it is considered the more serious of the two crimes. A lawyer consultation would help an individual understand the difference.

To convict a perpetrator of an assault, the prosecuting lawyer, a district attorney in California, would need to prove that the perpetrator intentionally engendered fear in the victim that the perpetrator was about to inflict force on the victim. But no physical contact, in fact, is necessary.

To convict a perpetrator of battery, the district attorney would have to prove that the perpetrator “willfully and lawfully” touched the victim in a “harmful or offensive” way.

The punishment for simple assault is up to 6 months in a county jail and/or payment of a fine of up to $1,000. If the perpetrator uses a deadly weapon in the assault, the punishment is up to 1 year in a county jail and/or payment of a fine of up to $1,000. Assault with a deadly weapon can also be charged as a felony, and then the punishment is 2, 3, or 4 years in jail.

Simple battery is usually charged as a misdemeanor. The punishment is up to 6 months in a county jail and/or payment of a fine of up to $2,000. The possible term of jail time goes up to a possible 364 days if the crime is committed while the perpetrator is on the grounds of a school, park, or hospital or if the victim is a specially protected victim.

Other Protected Victims

First responders, school employees, highway workers, and service members are some of the protected victims under California law. Other protected victims would be the elderly or a dependent adult or family member. If the protected person is the operator of public transportation or a passenger on public transportation, the possible fine may be from $2,000 to $10,000.

A battery can be charged as a felony if it involves any of the following victims:

• A healthcare worker providing emergency medical care
• A juror in a criminal defendant’s case
• Other protected victims who are injured in the crime and
• Any victim who sustains serious bodily injuries.

These offenses may be punished by up to 364 days of jail time or 16 months to 4 years in state prison.

Both assault and battery are also civil wrongs in California, referred to as “intentional torts” in legal terminology. The victim of a civil assault or battery may file a lawsuit in a civil court naming the perpetrator as a defendant in their civil case. The victim would be able to seek money damages from the perpetrator to compensate them for losses they suffered because of the harm caused by the perpetrator.

What Can I Do if I Am a Victim of an Assault and Battery?

An individual who is a victim of an assault or battery should call the police as soon as they possibly can. After reporting the incident to the police, the victim should cooperate with the police in their investigation to identify the perpetrator.

When the perpetrator is identified, if the district attorney decides to charge the perpetrator with criminal assault and/or battery, the victim should cooperate with the district attorney. They should provide the district attorney with all the information they have about the offense and appear in court, if necessary, to testify.

A victim would then decide whether they want to file a civil lawsuit seeking money damages from the perpetrator. Whether they sue the perpetrator or not would depend on a number of factors. Of course, if they have suffered only very minor injuries, they would probably not want to sue. The amount they might recover would not justify the time and expense of the lawsuit.

If an individual has suffered significant injuries and had to undergo expensive medical treatment or missed lots of work, they might then think about suing the perpetrator. However, a major factor to consider would be whether the perpetrator has the funds to pay any award of damages that the individual might win in a lawsuit.

Generally, people do not have insurance that would pay a claim against them for damages caused by an intentional tort. If the perpetrator of an assault or battery does not have insurance that would cover a claim made by the victim, the victim must then investigate the perpetrator to discover whether they have assets that would fund an award of damages.

An individual who has been the victim of an assault or battery and has suffered significant injury would want to consult a local California attorney about whether going forward with a civil suit against the perpetrator makes sense in light of all of the circumstances.

What Should I Do if I Have Been Charged With Assault and Battery?

An individual who has been charged with criminal assault and/or battery needs to consult a California criminal defense attorney as soon as possible. Their lawyer can inform them about assault and battery laws and possible defenses to the charge.

An individual’s lawyer can give them guidance about communicating with the police and would be able to negotiate with the district attorney about criminal charges that are filed and a possible plea agreement.

What Are Some Civil and Criminal Defenses to an Assault and Battery Charge?

Certain standard defenses are available to defendants charged with criminal assault or battery. For example, the alibi defense is one in which a defendant argues that they cannot be the perpetrator of the crime because they were far away from the scene doing something else at the time of the offense.

As in all criminal cases, the prosecuting attorney must prove that the defendant was guilty beyond a reasonable doubt. So, one strategy that is available to all defendants is to create a reasonable doubt in the minds of jurors about the prosecution’s evidence of guilt.

The defense could argue the situation was an accident, so the defendant did not have the necessary intent to commit the acts that constitute the crime. The defendant can argue that they never had physical contact with the victim or did not threaten them. The judge or jury must acquit a defendant if the district attorney does not prove every element of the crime beyond a reasonable doubt.

The defendant can claim that they acted as they did in self-defense because the supposed victim started it, threatened them, or attacked them, and they needed to protect themselves.

What Is the Statute of Limitations for Assault and Battery Charge?

The criminal statute of limitations for simple misdemeanor assault is 1 year. The criminal statute of limitations for felony assault is 3 years. Criminal statutes of limitations mean that prosecuting attorneys must file criminal charges before the statute of limitations period comes to an end. If they do not, they are barred from filing.

The criminal statute of limitations for misdemeanor battery is 1 year. For felony battery, it is 3 years.

The civil statute of limitations for injury to a person is 2 years. This would be the statute of limitations for filing a civil suit for damages that alleges either assault or battery. So, a private individual would not be able to sue the perpetrator of an assault or battery when 2 years have passed since the date of the incident.

Should I Hire an Attorney for Help With Assault and Battery Claims?

If you have been the victim of an assault or battery and have suffered economic losses because of it, you want to consult a California personal injury attorney. LegalMatch.com can quickly connect you to an experienced attorney who can review your case and advise you about whether a civil lawsuit makes sense in your situation.