August 7

Assault and Battery in California – What do they have to prove?

Violent Crimes

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Assault and Battery in California

Assault and Battery in California is not a word we use very often in our everyday dealings.  Further, it is not something that we are charged with all the time in Long Beach.  Most people get traffic tickets and infractions in Long Beach, however it’s a rare occasion when one is charged with an Assault and Battery in California.  There are a number of things that the prosecutor must show for the purpose of an Assault and Battery in California.

The first one is that a person  did an act that by its nature would directly and probably result in the application of force to a person. In a Assault and Battery in California case this means that a person merely do something that would probably result in hurting another person.

For example, think of a person coming at you with a bat in an angry matter.  Another example of this may involve the slightest touching as this may be enough of is done in a rude or offensive manner. Another example of an assault is if a person grabs another person’s clothing i.e. shirt and talks with him or her in a rude manner.  This is applies even if there is no pain or injury inflicted on the other person. The touching can be done indirectly by causing an object to touch the other person.  For example, throwing an object at another person.

The second that the state must show in an Assault and Battery in California is that the  defendant did that act willfully. What they mean is that he or she willingly or on purposefully did the act in question. What this means is that it is not required that he or she intend to break the law, hurt someone else or gain any advantage.  It simply means that the person intended to do this purposefully.

When the person acted, (he/she) was aware of facts that would lead a reasonable person to realize that (his/her) act by its nature would directly and probably result in the application of force to someone.

Assault and Battery in California
There are a number of things the state must prove for their case in an Assault and Battery in California.

When the defendant acted, (he/she) had the present ability to apply force to a person(;/.) This means that the person must have had the ability or look like they have the ability to apply that force.

A defense to assault is if a person was acting in self defense. If a person was defending themselves from another person than he or she is entitled to touch the other person in a manner that would be offensive to the other person.  These kinds of touching can be punching another person or holding a bat to show the other person that he or she will defend themselves.

About the author 

Hieu Vu

“To the client, every angle is important, there’s a number of questions, and each person also have their own worries. Some will need a person to listen to them. At the end of the day, it’s more than just delivering legal results. I put a 110% into every person I work. I strive to make sure everyone knows what is going on and is kept in the loop as the case goes on. The practice of law is more than just getting the results in court.” -Hieu Vu

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