What Is the Difference Between Assault and Battery in California?
In movies and on crime-based TV shows, the terms “assault” and “battery” are often used together, leading many people to believe that they are a single offense. However, in California, “assault” and “battery” are two distinct crimes, based on the facts a prosecutor must prove occurred. Assault and battery are separate offenses with separate consequences.
What is Assault?
An assault is defined as an unlawful attempt to violently injure someone else in a situation where the perpetrator could have actually harmed the victim. In other words, you can be charged with assault whether or not physical contact actually occurred.
An example of an assault would be a fight in which one person attempts to punch another but misses. In this situation, a prosecutor only needs to show that the person being charged tried to injure the other person by throwing the punch and could have done so if the punch had landed.
What is Battery?
Battery, on the other hand, requires the intentional use of force or violence on someone else. Unlike an assault, some physical contact must have occurred.
However, actual injury is not required. Something as simple as a light shove could constitute a battery offense, even if the person being shoved doesn’t fall over and is not hurt.
What Are the Penalties for Simple Assault or Battery?
If you have been charged with simple assault, it is a misdemeanor crime. Assault is punishable by:
- A fine of up to $1,000
- Up to six months in jail
Meanwhile, a simple battery charge is punishable by:
- A maximum fine of $2,000
- A maximum of six months in jail
Maximum penalties might increase to up to a year in jail if the offense was committed against specific categories of public employees, such as police officers or firefighters, while they were at work.
What Are the Penalties for Felony Charges?
Sometimes assault and battery can be charged as more serious felonies if a prosecutor can prove additional facts. Felony convictions may carry a maximum sentence of two, three, or four years in prison, depending on the circumstances of the offense and your criminal history. An experienced criminal defense attorney can help you determine the maximum sentence you face.
Felony assault charges include:
- Assault with a deadly weapon
- Assault with a firearm.
These offenses require a prosecutor to prove that a firearm or other deadly weapon was used while attempting to commit a violent injury against another person. It’s important to note that a “deadly weapon” doesn’t just refer to objects like knives or a baseball bat, but to any item with the potential to be deadly.
Battery can also be charged as a felony if the victim suffers “serious bodily injury.”
If you’ve been charged with any form of assault or battery, a skilled criminal lawyer can defend you against these charges. For example, if you were protecting yourself or others against an attacker, your attorney can argue that you acted in self-defense. Similarly, if you accidentally came into contact or injured someone, your defense attorney can demonstrate that you did not intentionally commit battery.
Whether you’ve been charged with assault, battery, or another crime in California, the Chambers Law Firm will aggressively advocate for your rights. Reach out to us at 714-760-4088 or dchambers@clfca.com to schedule a free consultation.
