Assault and battery are so often used in the same sentence - as in, "He was charged with assault and battery" - that it's easy to think that the terms describe the same crime. However, though they are related, assault and battery are distinct crimes under California law.
Assault
California Penal Code 240 defines assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury to the person of another." Thus there are three aspects to an assault:
- the attempt to injure another person;
- the violent nature of the attempted injury;
- the ability to actually cause the injury.
In reality, few people are actually charged with a violation of PC 240. Instead, they face the more serious charges that come from use of a weapon or great force. Penal code 245 (a) (1) pertains to assault with a deadly weapon other than a firearm, or with force sufficient to cause great bodily injury. Penal Code 245 (a) (2) pertains to assault with a firearm.
Battery
In contrast to assault, battery is defined by California Penal Code 242 as a "willful and unlawful use of force or violence upon the person of another." Battery therefore has two key qualities:
- the purposeful use of force;
- the actual infliction of injury.
Assault v. Battery
The differences between assault and battery can be summarized this way. Battery focuses on real injuries resulting from an attack by another person. The focus of assault, in contrast, is on the attempt to cause an injury. If you are charged with assault, the DA believes that you attempted to commit a battery. If you are charged with battery, the DA believes that you were successful in your assault.
Both assault and battery are "wobblers," meaning they can be charged as either misdemeanors or felonies depending on the circumstances of the crime. For a more detailed description of assault and battery penalties, click here.
