ASSAULT BATTERY

Assault, Battery & Criminal Threats Defense in Placer County

Tiemann Defense – Roseville, Lincoln, Auburn & Rocklin Criminal Defense Attorney

If you have been arrested or charged with assault, battery, aggravated assault (PC 245), battery causing injury (PC 243), or criminal threats (PC 422) in Placer County, you are facing serious consequences. A conviction can result in jail or prison time, probation, protective orders, fines, and a permanent criminal record.

Tiemann Defense represents clients throughout Placer County, including Roseville, Lincoln, Auburn, and Rocklin. We provide strategic, aggressive criminal defense focused on protecting your record and your future.
📞 Call 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678

California Assault Charges (Penal Code 240 & 245)

What Is Assault Under California Law?
Under Penal Code 240, assault is:
An unlawful attempt, coupled with the present ability, to commit a violent injury on another person.
Importantly, no physical contact is required for an assault charge.

Elements of Assault (PC 240)
To convict you of assault, the prosecution must prove:
1. You did an act that would likely result in the application of force to another person;
2. You did that act willfully;
3. You were aware of facts that would lead a reasonable person to realize the act would likely result in force; and
4. You had the present ability to apply force.

Simple assault is typically charged as a misdemeanor.

Penalties (Misdemeanor Assault):
• Up to 6 months in county jail
• Up to $1,000 fine
• Probation
• Possible protective order

Aggravated Assault – Penal Code 245 (PC 245)
Penal Code 245 covers Assault with a Deadly Weapon (ADW) or assault likely to produce great bodily injury.
This includes:
• Assault with a firearm
• Assault with a knife or other weapon
• Assault by means likely to cause great bodily injury

Is PC 245 a Felony or Misdemeanor?
Most PC 245 charges are “wobblers.”
A wobbler means the prosecutor can file the charge as either:
• A misdemeanor, or
• A felony, depending on the facts and your criminal history.

PC 245 Penalties
Misdemeanor:
• Up to 1 year in county jail
Felony:
• 2, 3, or 4 years in state prison (longer if firearm involved)
• Strike offense in certain cases
• Potential firearm prohibition
• Formal probation

California Battery Charges (PC 242 & 243)
What Is Battery? (PC 242)
Under Penal Code 242, battery is:
Any willful and unlawful use of force or violence upon another person.
Unlike assault, battery requires actual physical contact, even minor or offensive touching.
Elements of Battery (PC 242)

The prosecution must prove:
1. You willfully touched another person;
2. The touching was harmful or offensive; and
3. The touching was not done in self-defense or defense of others.
Simple battery is generally a misdemeanor.

Penalties:
• Up to 6 months in jail
• Up to $2,000 fine
• Probation

Aggravated Battery – PC 243

Penal Code 243 increases penalties depending on:
• Injury level
• Victim status
• Prior convictions

Battery Causing Serious Bodily Injury – PC 243(d)
This is a wobbler offense.

Misdemeanor:
• Up to 1 year in jail
Felony:
• 2, 3, or 4 years in prison
• Possible strike if great bodily injury enhancement applies

Battery on a Peace Officer (PC 243(c))
Often a wobbler, depending on injury.

Criminal Threats – Penal Code 422 (PC 422)
PC 422 criminal threats occurs when someone:
1. Willfully threatens to commit a crime resulting in death or great bodily injury;
2. Intends the statement to be taken as a threat;
3. The threat is specific and immediate;
4. The victim reasonably fears for their safety; and
5. The fear is sustained.

Is PC 422 a Felony?
Yes. PC 422 is a wobbler.

Misdemeanor:
• Up to 1 year in jail
Felony:
• Up to 3 years in state prison
• Strike offense
• Protective orders

Even text messages, voicemails, or social media posts can lead to charges.

Common Defenses to Assault & Battery Charges
At Tiemann Defense, we thoroughly examine every detail of your case. Common defenses include:
✔ Self-Defense or Defense of Others
You are legally allowed to use reasonable force to protect yourself or someone else.
✔ False Accusations

Common in domestic disputes or emotionally charged situations.
✔ Lack of Intent
Accidental contact is not battery.
✔ No Present Ability (Assault)
If you lacked the ability to apply force, assault cannot be proven.
✔ Insufficient Evidence

The prosecution must prove each element beyond a reasonable doubt.
Wobblers & 17(b) Reduction
Many assault, battery, and criminal threats charges are wobblers.

Under Penal Code 17(b), a felony wobbler may be reduced to a misdemeanor:
• At sentencing
• After successful completion of probation

A 17(b) reduction can:
• Remove felony status
• Restore certain rights
• Improve employment opportunities

Early strategic negotiation can significantly impact how your case is filed.

Military Diversion (PC 1001.80)
If you are a current or former member of the U.S. military and your conduct is connected to:
• PTSD
• Traumatic brain injury
• Substance abuse
• Sexual trauma
• Mental health conditions

You may qualify for military diversion.
Benefits of Military Diversion:
• Criminal case is suspended
• Treatment instead of punishment
• If successfully completed, charges are dismissed
Available for many assault and battery cases (excluding certain serious offenses).

Mental Health Diversion (PC 1001.36)
If a mental health condition played a significant role in the alleged offense, you may qualify for mental health diversion.

Requirements include:
• Diagnosed mental disorder
• Nexus between condition and offense
• Treatment plan
• Court approval
If completed successfully:
• Charges are dismissed
• Arrest record may be sealed

Why Hire Tiemann Defense?
Assault and battery cases often depend on witness credibility, body camera footage, and police interpretation. Early intervention can:
• Prevent felony filing
• Challenge protective orders
• Preserve evidence
• Negotiate reductions
• Seek diversion programs
• Avoid strike consequences

We defend clients throughout:
• Roseville
• Lincoln
• Auburn
• Rocklin
• All of Placer County

Contact a Placer County Assault & Battery Lawyer Today
If you are facing charges under PC 240, PC 242, PC 243, PC 245, or PC 422, your freedom and future are at risk.

Call Tiemann Defense today for a confidential consultation.
📞 916.939.3900
📍 209 Harding Blvd. Suite 7, Roseville, CA 95678
Protect your record. Protect your rights. Protect your future.