While assault and battery are often discussed together, they are separate crimes. In general, a battery charge will always include assault, but an assault charge does not necessarily include battery. A battery is a completed assault; but the assault is an attempt to commit a violent injury to another. Both are serious charges, with serious consequences attached as discussed below.
What California Code Says About Assault & Battery
- Assault — Per PC 240, assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” With penalties of up to $2000 and imprisonment of six months to one year, an assault charge doesn’t have to result in an infliction of injury. Circumstances that infer violence against another is all that must be proven to convict you of assault under California law.
- Battery — Per PC 242, battery is “any willful and unlawful use of force or violence upon the person of another.” A battery conviction in California can result in penalties ranging from six months to three years in jail and fines from $2000 to $10,000.
Both assault and battery have the potential to be charged as misdemeanors or felonies, dependent upon the circumstances under which the crimes were committed. However, regardless of the charge, defendants who have been arrested or charged with assault or battery, or both, need the assistance of a qualified assault and battery criminal defense attorney experienced in the representation of those accused of assault and battery.
R.J. Manuelian Is a Los Angeles Criminal Defense Attorney Who Represents Assault & Battery Defendants
R.J. Manuelian has successfully assisted clients with successful legal defense representation of assault and battery charges. A call to R.J. will assure that your case is properly reviewed, that your legal rights are protected, and that you will receive competent, experienced advice about the best defense to pursue to achieve the most positive outcome available.