What Is the Difference Between Assault and Battery in California?

Many people use the terms "assault" and "battery" interchangeably, but under California law, they are two separate crimes with distinct legal definitions, elements of proof, and penalties.

Understanding the differences between California Penal Code 240 (Assault) and California Penal Code 242 (Battery) is essential if you or someone you care about is facing criminal charges.

The fundamental difference between assault and battery comes down to physical contact:

• Assault is the attempt: You do not need to make physical contact with someone to be charged with assault. It is the intentional creation of a reasonable apprehension of immediate harm, combined with the present ability to carry it out.
• Battery is the completion: Battery occurs when you actually follow through and make offensive or forceful physical contact with another individual.

Simple Analogy: Throwing a punch at someone and swinging and missing (with the ability to hit them) is assault. If that punch actually lands, it becomes battery.

Yes. Because assault is considered an attempted battery, prosecutors in San Diego almost always charge defendants with both assault and battery for a single incident involving physical violence.

However, under California Penal Code 654, you cannot be punished twice for the same single act. A skilled defense lawyer can work to get duplicate charges dismissed or merged.

If you are facing assault or battery charges in Southern California, do not leave your freedom to chance. Contact an experienced San Diego Assault and Battery Attorney

today for a free case evaluation.