If you’re charged with assault, battery, or any other crime, understanding the specifics of the charges is crucial for navigating the legal process and making informed decisions about your defense. California law treats assault and battery as separate offenses, each with its own legal elements and potential penalties.

What Is Assault?
Assault in California is defined as an unlawful attempt to violently injure someone, even if no physical harm occurs. What’s key is the intent and ability to follow through with the threat. For example, if a person threatens someone in person, and the threat causes the victim to have a reasonable fear for their safety, it could lead to an assault charge. However, mere threats made over the phone wouldn’t count, as there is no immediate ability to carry out those threats.

What Is Battery?
Battery, on the other hand, involves the actual use of force or violence against another person. Unlike assault, battery requires physical contact. Importantly, the force used must be willful, meaning the person intended to make contact and cause harm.

For example, if two friends are playing a game of table tennis and one accidentally hits the other with the paddle, that’s not battery because it was unintentional. However, if one friend gets angry during the game and deliberately throws or strikes the other with the paddle, that could lead to a battery charge because the action was willful and violent.

Understanding these differences is essential for building an effective defense. In both cases, the presence of intent, the nature of the interaction, and the context of the incident can significantly impact how the law applies to your situation.

If you’re facing assault or battery charges, it’s important to consult with an experienced criminal defense attorney who can explain the law in greater detail, help you understand your options, and create a defense strategy tailored to your case. Call (818) 797-4465 to schedule a consultation or contact us online.