In a troubling incident in Ventura, California two women were attacked by juveniles. The teens threw rocks at one and kicked and stomped on the other who was homeless while they rode e-bikes. They also spit at people near the popular Ventura Pier. This unsettling event highlights the serious nature of assault and battery under California law. In this blog post, we will examine how this incident relates to California Penal Code Sections 242, 245(a)(4), and 245(a)(1), outlining the definitions, consequences, and potential defenses associated with these charges.

California Penal Code Section 242 - Simple Battery

Battery, as defined under California Penal Code Section 242, is the willful and unlawful use of force or violence upon another person. In the context of the recent incident, the minors' act of throwing rocks at the women can be considered battery if it is proven that the rocks struck the victims or caused them harm. Additionally, even the act of spitting on someone can be considered a form of battery as the statute includes unwanted or offensive touching that can be in the form of an object intentionally thrown or projected in any way.

Consequences of a Battery Conviction:

Simple Battery under Penal Code Section 242 is a misdemeanor, which can result in:
- Up to six months in county jail
- A fine of up to $2,000
- Probation

However, if the battery causes serious bodily injury, it can be charged as a felony, leading to more severe penalties.

Defenses to Simple Battery:

Common defenses against Simple Battery charges include:
- Self-defense or defense of others
- Lack of intent to cause harm
- False accusations or mistaken identity

California Penal Code Section 245(a)(4) - Assault By Means Likely to Produce Great Bodily Injury

Assault by means likely to produce great bodily injury under Penal Code 245(a)(4) involves an assault that is likely to cause significant or substantial physical injury. In the rock-throwing incident or the kicking and stomping incident, if it is determined that the minors' actions were likely to cause severe injuries, they could face charges under this section.

Consequences of Assault Likely to Produce Great Bodily Injury:

This type of assault can be charged as either a misdemeanor or a felony. Felony charges may result in:
- Two to four years in state prison
- A fine of up to $10,000
- Formal probation

Defenses to Assault Likely t o Produce Great Bodily Injury:

Possible defenses include:
- No likelihood of causing great bodily injury
- Actions were not intentional
- Self-defense or defense of others

California Penal Code Section 245(a)(1) - Assault With a Deadly Weapon

Assault with a deadly weapon under Penal Code 245(a)(1) involves an assault committed with any object capable of causing significant harm or death. In this incident, if the rocks are deemed deadly weapons due to the manner in which they were used, the minors could face this charges.

Consequences of Assault With a Deadly Weapon:

This offense can be charged as a misdemeanor or a felony. As a felony, penalties may include:
- Two to four years in state prison
- A fine up to $10,000
- Probation

Assault With a Deadly Weapon also falls under California's Three Strikes Law when it is charged as a felony.

Defenses to Assault With a Deadly Weapon:

Common defenses include:
- The object was not used in a deadly manner
- Lack of intent to use the object as a weapon
- Self-defense or defense of others

Charged With Assault or Battery? Get Help Now!!!

If you or a loved one are facing charges related to battery or assault, it is crucial to seek experienced legal representation immediately. The complexities of these charges and the severe consequences that can result make it essential to have a knowledgeable criminal defense attorney on your side. 

At Kann California Law Group, our veteran criminal defense attorneys specialize in defending against battery and assault charges. Our dedicated team in Ventura is here to provide you with the aggressive and skilled defense you need and are entitled to. Contact us today for a free consultation and let us help you navigate this challenging time with confidence and expertise.

The best way to contact us is through our online confidential contact form. This will ensure that one of our assault and battery defense attorneys in your area will reach out to you. You can also call us at 866-298-6217.

Take the first step towards protecting your future and ensuring your rights are upheld. Contact us today.