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Physical Assault In Tagalog In California
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US-000298
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The penalty for assault and battery depends on the classification of the injuries: Serious Physical Injuries: If the injuries incapacitate the victim for more than 30 days or cause permanent disfigurement, the accused may face imprisonment ranging from 6 months to 6 years, depending on the circumstances.
The primary statute addressing domestic violence in the Philippines is Republic Act No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004 ("VAWC Act") and its Implementing Rules and Regulations (IRR).
Under Article 148 of the RPC, the crime of direct assault is punishable with prision correccional in its minimum period and a fine not exceeding PHP 500.00 in the absence of qualifying aggravating circumstances, such as in this case.
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.
The length of jail sentence varies based on the severity of the offense: Misdemeanor simple assault can result in a jail sentence of up to six months; Misdemeanor aggravated assault can result in a jail sentence of up to one year; Felony aggravated assault can result in up to four years in state prison.
Serious Physical Injuries: If the injuries result in permanent incapacity, loss of a limb, or require more than 30 days of medical treatment, the punishment is prisión correccional or imprisonment from 6 months and 1 day to 6 years.
Assault is defined in Penal Code 240 PC as follows: “An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
In the state of California, the fines and penalties for violent crimes range from $2,000 to jail time of up to a year or longer, possibly six months of probation, and various community services. A conviction can also have long-term consequences, affecting your employment opportunities and personal relationships.
To be convicted, you have to have the present ability to apply force and you can't have acted in self-defense or defense of another. Simple Assault is a Misdemeanor crime. Conviction can result in six months in a county jail, a fine of up to $1,000, or both jail time and a fine.