1
00:00:00,250 --> 00:00:02,410
Charged with assault or battery

2
00:00:02,410 --> 00:00:03,630
in California?

3
00:00:03,770 --> 00:00:05,390
Check the exact charge,

4
00:00:05,770 --> 00:00:07,370
obey your court orders,

5
00:00:07,370 --> 00:00:08,810
preserve evidence, and get a

6
00:00:08,810 --> 00:00:10,010
defense lawyer.

7
00:00:10,010 --> 00:00:11,530
The charge and the facts

8
00:00:11,530 --> 00:00:12,810
determine the possible

9
00:00:12,810 --> 00:00:14,350
penalties and defenses.

10
00:00:15,383 --> 00:00:17,223
California assault can happen

11
00:00:17,223 --> 00:00:19,403
without anyone being touched.

12
00:00:19,463 --> 00:00:20,903
It involves a willful act

13
00:00:20,903 --> 00:00:22,763
likely to apply force,

14
00:00:22,903 --> 00:00:24,263
awareness of the relevant

15
00:00:24,263 --> 00:00:26,423
facts, and a present ability to

16
00:00:26,423 --> 00:00:27,403
apply that force.

17
00:00:27,908 --> 00:00:29,768
Battery involves willful,

18
00:00:29,988 --> 00:00:31,828
unlawful touching in a harmful

19
00:00:31,828 --> 00:00:33,288
or offensive way.

20
00:00:33,348 --> 00:00:35,428
Even slight contact can count,

21
00:00:35,428 --> 00:00:36,548
including through clothing,

22
00:00:36,548 --> 00:00:38,168
without pain or injury.

23
00:00:38,440 --> 00:00:40,440
These are legal elements, not a

24
00:00:40,440 --> 00:00:42,140
judgment about your case.

25
00:00:42,200 --> 00:00:43,800
Start with the actual code

26
00:00:43,800 --> 00:00:45,080
section on the charging

27
00:00:45,080 --> 00:00:45,740
document.

28
00:00:46,717 --> 00:00:48,077
For simple assault under

29
00:00:48,077 --> 00:00:49,677
California’s basic penalty

30
00:00:49,677 --> 00:00:51,917
rule, the maximum is six months

31
00:00:51,917 --> 00:00:54,397
in county jail, a fine of one

32
00:00:54,397 --> 00:00:56,417
thousand dollars, or both.

33
00:00:56,477 --> 00:00:58,237
For simple battery, it is six

34
00:00:58,237 --> 00:00:59,757
months, a fine of two thousand

35
00:00:59,757 --> 00:01:00,817
dollars, or both.

36
00:01:01,232 --> 00:01:03,072
These are statutory maximums

37
00:01:03,072 --> 00:01:05,392
for those basic charges, not

38
00:01:05,392 --> 00:01:06,752
predictions or the total

39
00:01:06,752 --> 00:01:08,052
financial cost.

40
00:01:08,352 --> 00:01:09,872
Additional amounts and other

41
00:01:09,872 --> 00:01:11,632
consequences may apply.

42
00:01:11,632 --> 00:01:13,712
Do not use these figures for a

43
00:01:13,712 --> 00:01:14,992
different or more serious

44
00:01:14,992 --> 00:01:15,572
charge.

45
00:01:16,583 --> 00:01:18,583
A weapon, force likely to cause

46
00:01:18,583 --> 00:01:20,263
great bodily injury, serious

47
00:01:20,263 --> 00:01:22,343
injury, or the identity or

48
00:01:22,343 --> 00:01:23,543
relationship of the other

49
00:01:23,543 --> 00:01:24,983
person can change the charge

50
00:01:24,983 --> 00:01:26,123
and exposure.

51
00:01:26,183 --> 00:01:28,183
Some aggravated cases carry

52
00:01:28,183 --> 00:01:29,963
felony prison consequences.

53
00:01:30,318 --> 00:01:32,078
Domestic battery has its own

54
00:01:32,078 --> 00:01:33,838
rule and can involve a longer

55
00:01:33,838 --> 00:01:35,518
jail maximum and required

56
00:01:35,518 --> 00:01:36,418
programming.

57
00:01:36,558 --> 00:01:38,398
A lack of visible injury does

58
00:01:38,398 --> 00:01:40,158
not automatically eliminate a

59
00:01:40,158 --> 00:01:41,918
weapons or force-based assault

60
00:01:41,918 --> 00:01:42,418
charge.

61
00:01:42,822 --> 00:01:44,742
Ask counsel to explain every

62
00:01:44,742 --> 00:01:45,562
count,

63
00:01:45,862 --> 00:01:47,302
allegation and possible

64
00:01:47,302 --> 00:01:49,002
consequence before any plea.

65
00:01:49,917 --> 00:01:51,437
At arraignment, the court

66
00:01:51,437 --> 00:01:53,037
explains the charges and your

67
00:01:53,037 --> 00:01:55,277
rights, addresses your plea and

68
00:01:55,277 --> 00:01:57,117
release conditions, and sets

69
00:01:57,117 --> 00:01:58,317
the next dates.

70
00:01:58,317 --> 00:02:00,257
If you cannot afford a lawyer,

71
00:02:00,397 --> 00:02:02,017
ask for appointed counsel.

72
00:02:02,392 --> 00:02:04,072
Request an interpreter if

73
00:02:04,072 --> 00:02:04,812
needed.

74
00:02:05,112 --> 00:02:06,312
Speak with a lawyer before

75
00:02:06,312 --> 00:02:08,552
pleading guilty or no contest,

76
00:02:08,552 --> 00:02:10,172
or waiving a time limit.

77
00:02:10,522 --> 00:02:12,202
Follow the court’s directions

78
00:02:12,202 --> 00:02:13,502
about appearing.

79
00:02:13,562 --> 00:02:15,562
Waiting for a lawyer, or hoping

80
00:02:15,562 --> 00:02:17,002
the other person will withdraw

81
00:02:17,002 --> 00:02:19,322
a complaint, does not cancel a

82
00:02:19,322 --> 00:02:19,742
hearing.

83
00:02:20,797 --> 00:02:22,717
Self-defense generally requires

84
00:02:22,717 --> 00:02:23,997
a reasonable belief in

85
00:02:23,997 --> 00:02:25,917
immediate danger, a reasonable

86
00:02:25,917 --> 00:02:27,437
belief that force was needed

87
00:02:27,437 --> 00:02:29,437
immediately, and no more force

88
00:02:29,437 --> 00:02:31,217
than reasonably necessary.

89
00:02:31,357 --> 00:02:33,277
Fear of future harm is not

90
00:02:33,277 --> 00:02:33,777
enough.

91
00:02:34,122 --> 00:02:35,882
The right ends when the danger

92
00:02:35,882 --> 00:02:37,722
ends or no longer reasonably

93
00:02:37,722 --> 00:02:39,182
appears to exist.

94
00:02:39,402 --> 00:02:41,242
Starting a fight or agreeing to

95
00:02:41,242 --> 00:02:42,922
fight creates additional rules

96
00:02:42,922 --> 00:02:43,742
and exceptions.

97
00:02:44,202 --> 00:02:45,962
When the defense is properly at

98
00:02:45,962 --> 00:02:47,962
issue, prosecutors must

99
00:02:47,962 --> 00:02:49,962
disprove at least one required

100
00:02:49,962 --> 00:02:51,402
element beyond reasonable

101
00:02:51,402 --> 00:02:52,122
doubt.

102
00:02:52,122 --> 00:02:53,402
Get the whole incident

103
00:02:53,402 --> 00:02:54,062
assessed.

104
00:02:55,117 --> 00:02:57,057
Preserve complete messages,

105
00:02:57,117 --> 00:02:59,357
original videos, photographs

106
00:02:59,357 --> 00:03:01,297
and records you lawfully hold,

107
00:03:01,517 --> 00:03:02,957
along with witness contact

108
00:03:02,957 --> 00:03:03,857
details.

109
00:03:04,077 --> 00:03:05,917
Note nearby cameras promptly

110
00:03:05,917 --> 00:03:07,437
because recordings may be

111
00:03:07,437 --> 00:03:08,097
overwritten.

112
00:03:08,352 --> 00:03:10,352
Ask your lawyer about lawful

113
00:03:10,352 --> 00:03:11,792
preservation requests and

114
00:03:11,792 --> 00:03:13,652
access to police evidence.

115
00:03:13,792 --> 00:03:15,152
Depending on the facts, the

116
00:03:15,152 --> 00:03:17,152
defense may examine identity,

117
00:03:17,152 --> 00:03:18,672
whether the act was willful,

118
00:03:18,672 --> 00:03:20,752
the ability to apply force, the

119
00:03:20,752 --> 00:03:22,352
alleged contact, or lawful

120
00:03:22,352 --> 00:03:23,092
self-defense.

121
00:03:23,436 --> 00:03:25,836
Do not edit evidence, invent a

122
00:03:25,836 --> 00:03:27,596
version of events, coach

123
00:03:27,596 --> 00:03:29,276
witnesses or post your account

124
00:03:29,276 --> 00:03:29,856
publicly.

125
00:03:30,850 --> 00:03:32,790
Read every no-contact,

126
00:03:33,010 --> 00:03:34,610
stay-away and release order

127
00:03:34,610 --> 00:03:36,610
carefully, including any

128
00:03:36,610 --> 00:03:38,310
firearm requirements.

129
00:03:38,450 --> 00:03:39,970
Do not contact a protected

130
00:03:39,970 --> 00:03:41,490
person directly or through

131
00:03:41,490 --> 00:03:42,930
someone else in breach of the

132
00:03:42,930 --> 00:03:45,110
order, even if they invite you.

133
00:03:45,505 --> 00:03:47,265
Ask your lawyer to seek any

134
00:03:47,265 --> 00:03:49,205
lawful change from the court.

135
00:03:49,265 --> 00:03:50,705
The government brings criminal

136
00:03:50,705 --> 00:03:52,785
charges, so a complainant

137
00:03:52,785 --> 00:03:54,225
cannot simply cancel the

138
00:03:54,225 --> 00:03:55,285
prosecution.

139
00:03:55,425 --> 00:03:56,945
Never pressure anyone to

140
00:03:56,945 --> 00:03:58,705
withdraw a statement or change

141
00:03:58,705 --> 00:03:59,525
their evidence.

142
00:04:00,583 --> 00:04:02,343
First, collect the charging

143
00:04:02,343 --> 00:04:04,503
papers, list the next dates,

144
00:04:04,503 --> 00:04:06,443
and understand every condition.

145
00:04:06,583 --> 00:04:07,483
Second,

146
00:04:07,783 --> 00:04:09,303
preserve the original evidence

147
00:04:09,303 --> 00:04:10,903
and give your lawyer a factual

148
00:04:10,903 --> 00:04:12,363
timeline privately.

149
00:04:12,503 --> 00:04:13,003
Third,

150
00:04:13,418 --> 00:04:15,338
ask for advice on the exact

151
00:04:15,338 --> 00:04:17,658
charges, realistic options and

152
00:04:17,658 --> 00:04:18,958
all consequences,

153
00:04:19,258 --> 00:04:21,018
including any immigration or

154
00:04:21,018 --> 00:04:22,398
employment concerns.

155
00:04:22,458 --> 00:04:23,578
If you cannot afford

156
00:04:23,578 --> 00:04:24,718
representation,

157
00:04:25,018 --> 00:04:26,378
raise that with the court

158
00:04:26,378 --> 00:04:26,958
promptly.

159
00:04:27,276 --> 00:04:29,376
A charge is not a conviction:

160
00:04:29,756 --> 00:04:31,516
the prosecution must prove the

161
00:04:31,516 --> 00:04:32,956
offense beyond reasonable

162
00:04:32,956 --> 00:04:33,456
doubt.

163
00:04:34,417 --> 00:04:36,257
Read the California answer and

164
00:04:36,257 --> 00:04:38,017
sources at Legal Hotline dot

165
00:04:38,017 --> 00:04:39,777
com, with a hyphen between

166
00:04:39,777 --> 00:04:41,317
Legal and Hotline.

167
00:04:41,377 --> 00:04:43,217
Our United States number is on

168
00:04:43,217 --> 00:04:45,217
screen for free general legal

169
00:04:45,217 --> 00:04:46,117
information.

170
00:04:46,337 --> 00:04:48,257
Legal Hotline is an information

171
00:04:48,257 --> 00:04:50,117
service, not a law firm.

172
00:04:50,448 --> 00:04:52,148
Lawyer matching is separate.