In California, In California, there are different classifications of assault and battery.
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Criminal Protective Order
A Criminal Protective Order is an order a judge makes to protect a witness or victim of a crime. It tells the restrained person to stay away from and not to hurt, threaten, or communicate with the other person. It is often issued after an Emergency Protective Order is in place. The various crimes associated with a criminal protective order are as follows.
The unlawful attempt, coupled with a present ability, to commit a violent injury to another person. No injury or contact has to have taken place for you to be charged and convicted of this crime. Simple assault is a misdemeanor offense that carries a sentence of up to $1,000 in fines and jail time of up to 6 months.
The willful and unlawful use of force or violence upon another person. Simple battery can be charged as a misdemeanor or felony and a conviction can result in a sentence of up to $2,000 and jail time up to 6 months.
Assault with a Deadly Weapon
Assaulting another person with a deadly weapon, other than a firearm, in a manner likely to produce great bodily harm. This is a felony crime that is punishable by up to 4 years in prison and fines up to $10,000.
Assault with a Firearm
Assaulting another person while in possession of a firearm. The mere possession of the firearm in the commission of an assault is enough to elevate the potential sentence in this crime. This offense is a felony and punishable by a fine of up to $10,000 fine and a prison term of up to 4 years.
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