California Law: The Difference Between Assault and Battery in California

The terms 'assault' and 'battery' are often used as synonyms, but there is a difference between assault and battery in California law, and these are two separate charges, each with a range of outcomes.

We've all been there: one prime parking spot in front of the mall entrance, two cars arriving at the same time. A bit of hooting, some gesturing, and then Jim gets out and storms over to Bob's car. Jim aims a punch at Bob but does not connect. That is assault.

Bob gets out of the car and punches Jim. That is battery.

Misdemeanor vs Felony

It may seem as if assault (the threat or attempt of violence) is less severe than battery (actual violence). Both charges could, however, be tried as misdemeanors, or more serious felonies.

Assault

Assault is an unlawful attempt and the ability to violently injure another person. The difference between assault and battery in California is that the violent action is not completed. It does not matter if the person charged with assault did not intend to commit violence, but only that the victim perceived it as an attempt at violence. That definition of attempted violence is quite broad. For example, if you try and spit on someone, they can lay an assault charge against you.

Misdemeanor Assault

The assault laws in California are very strict and you can be charged even if you did not think you acted violently. Most assault cases are charged as misdemeanors, which can result in a sentence of up to six months in jail and a fine of up to $1,000.

Aggravated Assault

Aggravated assault is when a dangerous weapon, such as a gun or a knife, is involved. The potential to do grave harm can elevate the charge to a felony. Another aggravating factor is when the victim is a peace officer-law enforcement, emergency services, etc.

An assault conviction will show up on your record as a violent offense, so this kind of charge has to be vigorously defended.

Battery

The difference between assault and battery in California is that it is considered battery when the violent action is completed. Although battery is defined as any willful and unlawful use of force, in practice it is much broader than that. Battery could mean touching someone in a way that offends them, even if they are not physically injured. Almost any physical contact can lead to a charge of battery.

Charges of battery can vary in severity depending on the circumstances, but in specific cases, can lead to higher penalties. These cases include battery of a peace officer, a spouse, or an older person, as well as battery committed at a school, public park, or hospital.

Because battery is such a broad charge, it is important to appoint an experienced California assault and battery defense attorney to handle your case. This can make the difference between an acquittal, being charged with a misdemeanor, or carrying the burden of a felony charge.

Felony battery

A felony or aggravated battery is usually when it results in serious physical injury. Using a deadly weapon like a gun or knife can result in a charge of battery becoming a felony. It is not the intent, but the result that aggravates a case of battery. An innocuous shove that results in an injurious fall is an example of this.

It is important to remember that in California, felony battery is a 3-strike crime. If you already have two strikes, it would be best to avoid a third.

Three strikes

California's three-strike law imposes a sentence of 25 years to life for a third felony and doubles the prison sentence for those convicted of a second strike.

Crucial to know the law regarding assault and battery

As we have seen, the range of actions that can lead to assault or battery charges is very broad. The severity of the charges faced also varies widely, but the consequences could be dire. This is why it is critical to know what assault and battery entail in California, and when and where to seek help if such charges are brought against you.

It is important to know the difference between assault and battery in California, as well as the charges that could stem from it. Learn more: https://www.1900law.com/assault-vs-battery-what-are-the-differences-in-california/.

Law Office of Michael C MacNeil
10620 Treena Street, Ste. 230, San Diego, CA 92131
https://www.1900law.com/

Contact Person: Michael C MacNeil
Phone Number: (858) 922-7098
Email Address: michael@1900law.com

Attorney Michael C. MacNeil is a specialist in family, criminal, and estate law whom you can trust. MacNeil offers unparalleled service. Call now.

This release was published on openPR.