Assault vs. Battery in California: Key Differences

Key Takeaways:

• Knowing the difference between assault vs. battery in California can give you a better understanding of your case. 
• According to the California Penal Code, assault and battery differ in the threat or attempt to use force and actually doing so.
• Assault and battery charges can be felonies or misdemeanors depending on the circumstances.

Assault vs. battery in California usually comes down to a single question. Did the person threaten or attempt to use physical force, or did they actually make contact? 

California law generally defines assault as an unlawful attempt to use force against another person, while battery is defined as the actual unlawful physical contact. 

Assault vs. Battery in California

What Constitutes Battery Charges in California?

California defines battery as “any willful and unlawful use of force or violence upon the person of another.” You can be charged with battery if you touch a person in a willful, unlawful, or generally harmful and offensive way, even if they are not physically injured.

For example, if you grab someone’s arm, you can be charged with battery because you touched them. If you spit on someone intentionally while expressing your anger or frustration, you can be charged with battery if your spit lands on them.

Battery convictions go on your record, so even if you are charged with simple battery, you need the help of an experienced assault and battery attorney.

Similar to simple assault in California, battery upon peace officers carries higher penalties. These penalties also apply to spousal and elder battery, as well as battery committed on hospital, park, or school grounds.

What Is Felony Battery?

Felony battery, also known as aggravated battery, is an action that results in serious bodily injury. 

Take our example of grabbing someone’s arm. If you grab their arm and, in getting away, they break a bone, you can be charged with felony battery in California.

Some battery offenses are “wobblers,” allowing prosecutors to file them as either misdemeanors or felonies depending on the specific charge and circumstances. Your criminal defense attorney will work to get the charges dismissed.

There are several very good defenses for pending charges, even given the difference between assault vs. battery in California, and our experience in these types of cases gives you the best chance of a positive outcome. In some cases, a felony battery conviction may qualify as a strike under California’s Three Strikes law, depending on the offense and the facts of the case. 

What’s Considered Simple Assault in California?

The California criminal codes define simple assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The main difference between assault and battery is that with assault, you do not complete the violent action.

For example, if you and your friends are playing around and you throw a punch at someone and miss, you can be charged with assault. Although you did not hit the person, you could have injured them if your punch had connected. California assault laws are very strict. You can be charged with assault for something you may not have thought was violent.

Those who commit simple assault in California are usually charged with a misdemeanor, which means up to 6 months in jail and a fine of up to $1,000. There are notable exceptions to this.

If you commit an assault against a peace officer, such as a police officer, emergency worker, traffic officer, or lifeguard, you could find yourself facing a much stiffer penalty.

What Is Aggravated Assault?

Beyond simple assault, California also allows for felony assault. Assault with a deadly weapon, such as a knife or gun, can count as a felony. Felony assault often involves the use of a deadly weapon or force likely to produce great bodily injury. 

Spitting at someone, for instance, would not be a felony because the damage you could cause would be negligible. Throwing rocks at someone could result in felony assault charges if the circumstances show the use of force likely to produce great bodily injury. 

If you are charged with assault, it’s important to have an experienced felony lawyer who can work to get your charges reduced or dismissed.

Assaults show up on your record as violent offenses, which can affect your life and future job prospects. Call (858) 922-7098 or contact the Law Office of Michael C. MacNeil to schedule a consultation.

The Most Important Thing to Know About Assault vs. Battery in California

The difference between assault and battery is the intention and completion of the action. Both crimes may be felonies or misdemeanors, depending on the prosecution’s decision. You need a lawyer who knows the ins and outs of California law and can build the best defense based on the facts of your case.

If your child has been charged, I can also help protect their best interests and their future as a juvenile defense attorney. Save yourself the worry! Get in touch to discuss your situation so we can begin building your case.