The Differences Between Assault and Battery

Understanding the complex world of criminal offenses, such as assault and battery, in California can be overwhelming, like trying to solve a complicated puzzle without being able to see it. It is natural to be confused because these terms might seem similar but have different legal meanings. For example, battery is legally defined as “any intentional and illegal use of force or violence against another person.” This blog covers in detail the differences between assault and battery in California.

An Overview of California Assault and Battery

In California, assault is defined as threatening to use force or cause harm to someone. On the other hand, battery is defined as actually using force or causing harm to another person.

Assault

Assault is defined under California PC 242 as a criminal offense that involves the actual use of physical force to harm someone. Unlike assault, which is just a threat, battery happens when harm or injury occurs.

Assault includes actions like making threats or using intimidation that cause the victim to fear immediate harm. The intent to cause harm is also a key factor in defining an act of assault. This law explains what is considered an assault, also referred to as ‘simple assault.’

The following are some key points to note:

• Intention—You planned to use violence.
• Capability—You could cause harm at that moment.
• Act—There was an action that could likely lead to using force against someone.

This law aims to deal with and punish the initial attempt to harm someone before it turns into actual physical contact, which would be classified as battery under PC 242.

For example, assault could be considered a crime under California law if someone threatens to hit you by raising their fist but does not do so. This type of threat, which does not involve physical contact, could result in a separate charge of assault. Each charge has its own rules and penalties, depending on the situation.

Battery

According to California Penal Code 242 PC, battery is a crime that involves using physical force or violence to harm someone. Unlike assault, which is just a threat, battery happens when harm or injury occurs.

Battery can include actions like punching, kicking, slapping, or any other intentional physical contact that causes pain or injury to another person. In California, simple battery is a misdemeanor, leading to fines and possible jail time.

However, it can be charged as a felony if:

1. The battery causes serious injuries
2. It involves certain aggravating factors

These could result in more severe penalties. The prosecution has to prove three things to convict you of battery under California law:

• You made physical contact with another person
• You did so intentionally
• The contact was offensive or harmful

Differences in Crime Elements

Here are the key elements that the prosecution must prove to convict you of assault or battery.

Elements of California Battery

To understand battery better, here are some important details:

• Willfully

For a touch to be considered battery under California Penal Code (PC) 242, it should be intentional and unlawful. This means you must act deliberately, not by accident.

You should intend to make physical contact that a reasonable person finds harmful or offensive. It is not necessary to intend to cause injury or harm.

If the touch happens accidentally or is necessary for a legitimate reason, it does not meet the battery standard. For example, bumping into someone on a crowded subway would not be a battery. Even a minor, unlawful physical contact can be enough to be considered battery.

For example, Mary and Sasha are cousins arguing while cooking. They are both furious. Mary picks up a knife and throws it, accidentally injuring Sasha’s face. Although Mary did not plan to hurt her cousin, she intended to throw the knife, which led to the injury.

• Touched Another Person

Battery occurs when you make contact with someone else. It does not matter if you cause an injury or not. Even a slight touch can be considered a battery. This refers to physically touching someone over their clothing or using an object.

The law also considers any forceful touch of something closely connected to the victim’s body, even if it is not their actual body part. For example, hitting an object onto the victim’s hand can be considered a battery.

• In a Harmful or Offensive Way

Under California Penal Code Section 242, a touch must be done in a “harmful or offensive manner” to be considered a battery offense. The touch must cause harm, pain, discomfort, or violate personal dignity.

Examples of touches that California law considers offensive or harmful include:

1. Hitting, punching, or kicking
2. Pushing or shoving
3. Grabbing or restraining someone
4. Spitting on someone
5. Pulling someone’s hair
6. Pinching or poking
7. Touching someone’s private body parts, either under or over their clothing

The touch does not have to cause physical injury. Even a minor touch done angrily or rudely can be seen as offensive. How the victim perceives the touch is an essential factor.

Elements of California Assault

To convict you of assault under PC 240, California prosecutors must prove these elements beyond a reasonable doubt:

1. You did an act that would likely lead to force being applied to someone else
2. You did that act intentionally
3. You were aware that a reasonable person would believe the act would likely result in applying force to that person
4. You had the present ability to apply force to that person

Let us take a closer look at these assault elements to understand better what they mean.

• Using Force

This refers to any harmful or offensive touching. Even a minor touch can be considered if it is done rudely or offensively. An assault can happen even if the touching did not or could not cause injury. The touching does not have to be direct. It can also be indirect, such as causing an object to touch the person.

You do not need to have used force against the other person. What matters is that you took an action that would likely result in force being used against them.

• Aware that Your Actions Might Lead to the Use of Force

Under California assault laws, you do not need to have specifically intended to use force against the person. You only need to know that your actions could likely lead to force being used.

• Willfully

You act “willfully” when you do something on purpose. You do not need to have intended to:

• Break the law
• Harm anyone
• Gain any benefit

Differences in Penalties

Assault and battery have different penalties under California law.

Penalties for Assault in California

California law defines two separate types of assault crimes:

1. Simple assault
2. Aggravated assault

Let us explore these types of assault in more detail.

• Simple Assault

Simple assault, according to California PC 240, involves trying to commit violence against someone without actually causing physical harm. It does not require physical contact, only the attempt and the ability to cause harm. Simple assault is usually treated as a misdemeanor in California.

The penalties for simple assault, classified as a misdemeanor under PC 240, can vary based on the case details. These include the following:

1. Jail time—You could receive up to six months in county jail, depending on the judge’s decision and the specifics of the case
2. Fines—You may face fines up to $1,000, which is the maximum amount for a misdemeanor assault without any added factors
3. Community service—Courts often require community service, where you must complete a set number of hours helping out in the community
4. Probation—Instead of or in addition to jail time, you might be sentenced to probation. Probation may include regular meetings with a probation officer, following a curfew, and avoiding further legal troubles

Here are some examples of what might be considered simple assault:

• Trying to hit someone with an object or your hand but missing
• Making a serious threat of violence that scares someone, combined with having the ability to carry out the threat
• Throwing an object at someone with the intent to cause harm, even if the object does not hit them

• Aggravated Assault

Under California law, aggravated assault is more serious than simple assault. It involves actions likely to cause significant injury or involve the use of a deadly weapon. Depending on how severe the incident is and the extent of any injuries, aggravated assault can be charged as either a misdemeanor or a felony. This makes it a “wobbler” offense in California.

For wobbler assaults, the law allows for two possible outcomes:

1. A misdemeanor penalty of up to 364 days in jail
2. A felony prison sentence

Felony sentences typically range from 16 months to 5 years, though some can be as long as 8 years. If the assault involves certain protected individuals, the felony penalties can be more severe. For example, using a stun gun in an assault can lead to either:

1. 364 days in jail
2. A prison term of 16 months, 2 years, or 3 years

If the alleged victim is a police officer or firefighter, the potential prison term increases to 2, 3, or 4 years. Certain assault crimes involving weapons result in mandatory felony penalties. These offenses include the following:

• Assault with a gun targeting a law enforcement officer or firefighter
• Assault using a semiautomatic weapon or machine gun
• Assault with methods that are likely to cause serious injury to a police officer, firefighter, or public transit worker

Felony prison sentences for these crimes range from 3 to 12 years.

Legal Consequences of a Battery Conviction

Just like with assault, being found guilty of battery can lead to either misdemeanor or felony penalties.

• Misdemeanor Penalties For Battery

Simple battery is initially treated as a misdemeanor. It can lead to up to 6 months in jail and a fine of $2,000. If you commit battery on school, park, or hospital property or against certain protected individuals, the misdemeanor penalty can increase to 364 days in jail.

Protected individuals include:

• First responders
• School staff
• Highway workers
• Service members
• Elderly or dependent adults
• Family members
• Sports officials

If the victim is someone using public transportation (like a taxi or school bus), the maximum fine can rise to $10,000.

• Wobbler Penalties for California Battery

Some battery offenses are classified as “wobblers,” which means they can be charged as either misdemeanors or felonies. The prosecutor decides the charge level, but the judge decides.

Wobbler penalties are usually applied when the battery involves:

• A healthcare worker giving emergency care
• A juror in the defendant’s trial
• Other protected individuals who are injured
• Any victim who suffers serious injuries

Wobbler penalties can lead to up to 364 days in jail or prison time ranging from 16 months to 4 years.

• Felony Penalties for Battery

Certain battery crimes have fixed felony penalties, such as:

1. Throwing corrosive acid, flammable substances, or harmful chemicals at someone
2. Committing battery against a custodial officer

Civil Lawsuit

Assault and battery can also lead to civil lawsuits. The person you allegedly harmed can sue you in a personal injury case, also known as a tort claim. These cases require less evidence than criminal cases but do not involve jail time or criminal penalties. Instead, you might be required to pay the victim for their losses related to the assault and battery.

Legal Defenses Against Assault and Battery Charges

You can use three main legal defenses against assault or battery charges:

1. Self-defense or defense of other individuals
2. False allegations
3. Lack of willful conduct

A skilled criminal defense lawyer can guide you on the most suitable approach. Establishing a relationship with an attorney and obtaining their legal advice is crucial.

You Acted In Self Defense

One common legal defense used against assault and battery charges is claiming you acted in self-defense or to protect someone else. This involves showing:

• You reasonably believed that you or someone else was in immediate danger of being harmed
• You thought that using force right away was necessary to stop that danger
• You used only the amount of force needed to protect yourself or others from the threat

However, this defense does not apply if you were only reacting to words or threats of violence.

You Did Not Act Willfully

Assault and battery need to involve intentional actions. If you show that the contact was accidental, this can be a strong defense in certain situations. Typically, the law may excuse your actions if:

• You did not intend to cause harm
• You were not acting carelessly
• You were performing a legitimate action when the accident happened

False Allegations

In difficult or contentious relationships, false claims of assault, battery, or other types of physical harm can occur. Sometimes, a person may lie about being attacked to gain an advantage over the accused.

Proving that the allegations against you are false can be a strong defense. By providing evidence that shows the accuser had a hidden motive, you can undermine the case against you.

Consent

In California, consent can sometimes be used as a defense against assault and battery charges, depending on the situation. The main point is whether the consent was given freely and voluntarily.

If someone agrees to take part in activities where physical harm might happen, such as playing contact sports or participating in certain BDSM activities, they are providing informed consent.

However, consent must always be given freely, without pressure or deceit. So, while consent can be a strong defense against assault and battery charges in California, it must be based on genuine agreement and lawful actions.

Inability to Perpetrate The Crime

If you threaten someone but are physically unable to carry out the threat, it is not considered assault. For instance, if you have broken or missing hands and threaten to choke someone, your threat cannot be classified as assault because you cannot physically carry out the offense.

How a Criminal Defense Lawyer Can Help In an Assault and Battery Casel

If you are dealing with assault and battery accusations, seeking guidance from a skilled criminal defense attorney is crucial to safeguarding your rights and managing the intricate legal process. Here are several ways an attorney can assist in your defense:

1. Create a solid defense plan
2. Assess the merits of your case
3. Safeguard your legal rights
4. Advocate for you in court
5. Negotiate plea agreements
6. Assist during sentencing

What Factors Can Upgrade a Simple Assault Offense To An Aggravated Assault?

Under California law, simple assault is considered aggravated in these situations:

• Use of a weapon—If a weapon is used during the assault, or if the attacker has a weapon, the charge can be raised to aggravated assault
• Degree of injury sustained—If the assault threatens or causes significant injury, it may be considered aggravated assault
• Victim’s Status—Assaults against certain individuals, like police officers, firefighters, or emergency workers, can automatically increase the severity of the charge

Find a Professional Assault and Battery Defense Lawyer Near Me

Assault and battery are distinct crimes, though people often consider them similar offenses. The key difference is in the intention and whether the action that causes harm is completed. Both crimes can be charged as either felonies or misdemeanors based on the specifics of the case. If you face charges, seek help from experienced assault and battery lawyers in Los Angeles.

The Los Angeles Criminal Defense Attorney has knowledgeable and committed lawyers ready to defend you. We will review and investigate your case to explore your legal options. Contact us today at 310-564-2605 for a free case evaluation.