What’s the Difference Between Assault and Battery in California?
What’s the Difference Between Assault and Battery in California?
In everyday conversation, people often use the terms assault and battery interchangeably. But in California law, they are two separate and distinct offenses—each with its own legal definition, elements, and consequences.
At Thelander Law, we help individuals across California understand their rights and navigate complex criminal charges. If you're facing allegations of assault or battery, knowing the difference between the two can be a critical first step in building a strong defense.
Defining Assault Under California Law
Assault is addressed under California Penal Code § 240. Contrary to popular belief, no physical contact is required to be charged with assault.
Assault is defined as:
An unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
In simpler terms, assault is the attempt to use force or violence on someone, even if no contact actually occurs. For example, swinging a fist at someone but missing can be considered assault.
To prove assault, prosecutors must show that:
- You acted in a way that would likely result in force being applied to another person.
- You had the ability to apply that force.
- You acted willfully.
- You knew (or should have known) that your actions would make someone believe they were about to be harmed.
Defining Battery Under California Law
Battery is governed by California Penal Code § 242, and unlike assault, it does involve actual physical contact.
Battery is defined as:
Any willful and unlawful use of force or violence upon the person of another.
This can include anything from a shove or slap to a punch or kick. It doesn’t have to cause serious injury—even slight, non-injurious contact can qualify as battery if done in a harmful or offensive way.
Prosecutors must prove that:
- You willfully touched someone else.
- The touching was harmful or offensive.
- You were not acting in self-defense or defense of others.
Legal Consequences
Both assault and battery can be charged as misdemeanors or felonies depending on the circumstances, including the severity of the conduct and whether a weapon was involved.
- Simple assault: Up to 6 months in jail and fines.
- Simple battery: Up to 6 months in jail and fines.
- Aggravated forms (e.g., against police officers, or involving serious injuries): Can carry longer jail time, higher fines, and a felony record.
Legal Help from Thelander Law
Being charged with assault or battery can impact every area of your life—your freedom, your job, and your reputation. At Thelander Law, we provide experienced legal guidance to help you understand your charges, assert your rights, and pursue the best possible outcome.
If you’re facing charges or have questions about assault or battery in California, don’t wait. Contact us today to discuss your case and explore your legal options.
