Assault and battery are two separate and distinct crimes, yet they are frequently charged together.
Accordingly, when a person is facing assault charges, she or he often is facing battery charges, as well. How are these crimes different from one another, and how are they defined under California law?
California Penal Code 240 defines assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
To put it simply, you can think of assault as the attempt to touch or harm a person in an offensive or violent way without actually making physical contact. However, for prosecutors to secure a conviction, they must prove you had the clear, present ability to carry out the act.
Common variations of this charge include:
Simple Assault: An attempted threat or act of violence without a weapon.
Assault with a Deadly Weapon (ADW): An assault committed with any weapon or instrument capable of causing death or great bodily injury (governed under California Penal Code 245).
California Penal Code 242 defines battery, also commonly known as “simple battery,” as “any willful and unlawful use of force or violence upon the person of another.”
Think of a battery charge as the physical completion of an assault. While assault refers to the attempt to cause harm, battery is the actual offensive or violent physical contact.
No Injury Required: A battery charge does not require the other person to suffer a physical injury. California law allows a defendant to face battery charges even if the physical contact caused absolutely no injury or pain.
Battery Causing Serious Bodily Injury: If the physical contact does cause pain or serious physical injury, it is typically charged as a much more severe, separate crime under Penal Code 243(d). The penalties for this form of battery are significantly harsher.
Domestic Violence Battery: A battery committed against a spouse, cohabitant, or co-parent constitutes domestic violence (Penal Code 243(e)(1)) and carries increased penalties, mandatory classes, and potential restraining orders.
An assault or battery conviction on your record can carry severe consequences, including hefty fines, mandatory anger management classes, probation, and jail time.
A skilled criminal defense attorney can review the facts of your case to build an aggressive defense. Common defenses to assault and battery charges include:
Self-Defense or Defense of Others: Proving you acted reasonably to protect yourself or someone else from imminent harm.
Lack of Intent / Willfulness: Showing that the physical contact was entirely accidental.
Inability to Carry Out the Act: In assault cases, proving you lacked the “present ability” to commit a violent injury.
False Accusations: Demonstrating that the allegations against you are fabricated or exaggerated.
Don’t navigate the complex California legal system alone. Contact our experienced San Diego assault and battery attorneys today to discuss your case, evaluate your legal options, and begin building your defense.
It is more important than ever to begin working with an experienced San Diego assault and battery attorney on your defense.
While assault and battery offenses may only be charged as misdemeanors, you could still face jail time in California, along with a substantial financial penalty.
Even if your sentence reflects the minimum sentencing guidelines with limited jail time, you will still have to deal with the effects of having a criminal record.
When you have a record of assault and battery, you may have difficulty getting hired at certain jobs, and you could face other repercussions in your day-to-day life.
At the Law Offices of William R. Burgener, APC, we are committed to providing experienced representation to each of our clients, contact us today.