Legal Question in Criminal Law in California

Re: assault and battery

For a simple misdemeanor assault, it is one year. For a felony assault (serious bodily injury), it is three. I would note that a simple battery usually carries a maximum 6 month jail sentence, but when it is against a spouse, the maximum is one year in county jail, and the convicted party could be required to pay for shelter expenses up to $5,000, and for counseling for the victim.

Although I practice in Gergia, your question was referred to me because I am also a member of the California Bar.

Re: assault and battery

Clarificatoin. The statute of limitations and penalties I just outlined were actually for simple battery, not simple assault. Simple battery also carries a potential fine of up to $2,000. Simple assault can be charged as a separate offense, carries a penalty of up to 6 months in jail and a $1,000 fine, and also has a 1 year statute of limitations.

Re: assault and battery

Thank you for your posting and your inquiry.

Domestic assault is different than assault and battery, and the true answer is, it depends on the charges filed. For a Penal Code �243e assault, or even a PC 273 domestic violence case filed as a misdemeanor, the statute of limitations is one year from the date of the incident.

However, PC �273 is a "wobbler", meaning that it can be filed as a misdemeanor, or a felony, depending upon the injuries. If a felony, the statute of limitations is longer, three years.

If you are being charged with a crime beyond the statute of limitations, you'll likely need your attorney to file a motion to dismiss for denial of your right to a speedy trial.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.