Is assault and battery a felony in California? 12 Answers as of October 06, 2010

My son is in trouble and we are seeking help. He was involved in a very violent fight that took place one night at a house of a friend. We have little knowledge of the event and what actually happened but we heard that he was arrested for assault and battery. Are these considered felonies or misdemeanors in California?

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Law Offices of Ramona Hallam
Law Offices of Ramona Hallam | Ramona Hallam
The charge for battery is a "wobbler" meaning it can be charged as a misdemeanor or felony. If it is charged as a Penal Code 243(d) battery, it is also a strike. If the fight was as violent as you say, your son will likely be charged with a felony.
Answer Applies to: California
Replied: 10/6/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Assault and battery are misdemeanors. Aggravated assault can be charged as as felony or misdemeanor.
Answer Applies to: California
Replied: 10/6/2010
Desert Defenders
Desert Defenders | John Jimenez
"Assault and Battery" is a term that is somewhat general and does not specific describe what the actual law may be in a particular case. There are a variety of charges that may be brought in this type of case, depending on the circumstances of the fight, whether anyone was hurt and various other factors that would be considered by the prosecutor before the filing of charges. The case may be a felony or a misdemeanor, again, depending on the particular facts.
Answer Applies to: California
Replied: 10/6/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depends upon what he is charged with. Simple assault would likely be a misdemeanor. There are other possibilities. If he is being charged with anything, he needs an attorney. Get him one if necessary. If this is in Southern California courts, feel free to contact me for that legal help.
Answer Applies to: California
Replied: 10/6/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
Simple assault and battery is a misdemeanor. However, if serious injuries occurred then the charge would be a felony.
Answer Applies to: California
Replied: 10/6/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    He may be. Simple Assault and Simple battery are commonly misdemeanors. However assaultive conduct can be elevated to a felony based on the status of a victim, ie a police officer, a child or a spouse. It may also be elevated to a felony based on the severity of the injuries sustained.

    Please feel free to contact me for a free consultation. I would be happy to explain the law in greater detail as needed.
    Answer Applies to: California
    Replied: 10/6/2010
    The English Law Firm
    The English Law Firm | Robert English
    In California, these offenses are known as "wobblers" which means that depending on the factual scenario, they can be filed as either misdemeanors or felonies. A battery with great bodily injury or use of a deadly weapon are often felony matters. A simple battery can be filed as a misdemeanor. Due to the seriousness of this matter, I would recommend calling experienced counsel such as myself for further review of the specifics of the case.
    Answer Applies to: California
    Replied: 10/5/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Unless he was using a weapon, assault and battery cases are usually charged as misdemeanors. These types of cases often involve a lot of "he said she said," so it is important to have an attorney. Remember, prosecutors hate "he said she said" type cases because they are hard to prove.
    Answer Applies to: California
    Replied: 10/5/2010
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    A battery can be charged as a misdemeanor or a felony, but it generally depends on the circumstances. For instance, whether or not there was serious bodily injury. There are also defenses to these charges, such as "self defense." Regardless, it is a serious charge, and not one to be taken lightly. Please feel free to contact me should you have further questions.
    Answer Applies to: California
    Replied: 10/5/2010
    Steven Mandell
    Steven Mandell | Law Offices of Steven Mandell
    Assault and battery can be a felony or misdemeanor, depending on many factors. If it starts out as a felony, it can later be reduced to a misdemeanor in some cases. Each case is very fact-dependent. A criminal lawyer should be able to identify the type of crime being charged and determine the best defense(s) to the charge. Most criminal lawyers give free consultations. If you would like to speak to me about this, please do not hesitate to call. Good luck.
    Answer Applies to: California
    Replied: 10/5/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Typically it would be a misdemeanor but there can be felony charges depending upon the amount of the injuries and other factors. You should make sure he hires an attorney to protect him as soon as possible.
    Answer Applies to: California
    Replied: 10/5/2010
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