What is the Difference Between Assault and Battery?

In California, complex laws criminalize battery and assault. Under California PC 240, the law describes assault as a threat combined with the ability to inflict bodily injuries and harm. The perpetrator of assault does not necessarily need to harm or touch the victim.

You can face conviction for assault, provided the victim feels threatened by your acts. Alternatively, California PC 242 describes the crime of battery. The crime involves the unlawful and intentional use of force against the victim. Touching someone offensively constitutes battery, even when the victim does not suffer injuries or pain.

In California, assault and battery are closely related, although they are distinct. When you face the charge of assault, you want to learn the differences between assault and battery. The crimes differ in their definition, elements, and penalties and in fighting the criminal charge.

The Legal Meaning of Assault

Battery and Assault are closely related, although there is a distinct difference. Assault involves placing another person on suspicion or fear of immediate harm. So, Assault involves threatening to inflict harm and does not necessarily require actual physical harm.

For the perpetrator to face conviction, they must have the intent to inflict fear on the victim. An assault case does not necessarily require actual bodily harm. In the case of Assault, the prosecutor needs to prove you acted in a way that could result in applying force against the alleged victim.

The law cannot consider the crime as an assault if no action is taken. For example, when a man known for violence approaches a lady, no assault is committed. Again, words alone are not enough to qualify as an assault. You cannot face assault charges unless your behavior creates fear in the victim.

Simple vs. Aggravated Assault

Simple Assault is when your acts cause apprehension to physical harm to the victim. The threat may either cause minimal injuries or not. Simple Assault carries misdemeanor penalties. Alternatively, aggravated Assault involves Assault by inflicting severe bodily injuries—for example, an assault where the perpetrator uses caustic chemicals to commit the crime.

In the aggravated Assault, the prosecutor must prove your intent to inflict significant bodily injuries. The law considers aggravated Assault a misdemeanor. When charged with a felony, the crime counts as a strike under the California three strikes laws.

The Legal Meaning of Battery

Battery involves harmful or offensive touching of an individual without their knowledge. Assault involves threat, but the battery is the completion of the Assault. Unlike under assault cases, the perpetrator must have the intent to commit battery. For example, when you accidentally hit a lady with a cart while shopping in a mall, the act does not qualify as a battery.

But if your actions result from reckless behavior, the act qualifies as sexual battery. The sexual battery does not require the victim to suffer trauma or severe injuries. Any touching that the victim finds harmful or offensive can be considered battery.

What the Prosecutor Must Prove in an Assault and Battery Charge

In both the battery and assault charges, the prosecutor must prove the elements of the crime before the defendant faces conviction. These elements are different, while a few are similar.

Assault charge

For the court to convict you with an assault charge, the prosecutor must prove all the elements of the crime. The elements include:

• You acted willfully.
• Your actions were likely to attract the application of force against the victim.
• During the commission of the act, you could use force.

Battery charge

Before you also face conviction for the battery charge, the prosecutor must prove the elements of the crime. The following are the elements of battery charges:

• Your actions were unauthorized or unlawful.
• Your actions resulted in offensive harm or conduct.
• Contact between you and the alleged victim.

Different Types of Battery and Assault

You face a misdemeanor or felony charge for committing battery and assault based on the threat's severity and the facts surrounding your case. Federal law considers the crime of assault a felony. A felony charge attracts a jail term of ten years, while a misdemeanor charge attracts a 12-month jail term. The punishment for assault varies based on the nature of the crime and the defendant's criminal history.

When an assault crime does not involve using a firearm or weapon, the court considers it a misdemeanor. However, the penalties escalate when you use a gun to commit a crime. For example, assault in the first degree involving firearm use and severe injuries can attract long jail terms and heavy fines.

The prosecutor also tries to discover whether the alleged victim is a vulnerable member of the community. Vulnerable members of the community include the elderly, expectant mothers, minors, and people living with disabilities. When any of these groups of people are involved in an assault case, the fines are huge. The following are the common forms of assault:

Assault on Emergency Personnel or Police Officer

The assault penalties are more severe when the crime victim works in the government's arms. The court gives higher penalties, especially when the victim is in the line of duty. The most recognized experts by this law include a firefighter, peace officers, lifeguards, traffic officers, and a doctor. For example, you can face assault charges when a traffic officer controlling traffic congestion accidentally hits your car using their tool. You respond by attacking them, and you may face assault charges. When the victim falls under these groups, and you are aware during the commission of the offense, you may face increased charges.

Assault with a Dangerous Weapon

Assault with a dangerous weapon is outlined under California PC 245(a); a dangerous weapon can lead to severe injuries, like a knife or a gun. The prosecutor needs to prove the following:

• You acted willfully and deliberately.
• You used a deadly weapon to commit the crime.
• You had the present ability to use force with a deadly weapon to cause severe injuries.

The presence of injuries is unnecessary for the prosecutor to convict you of the crime. Even when you use a dangerous weapon by throwing a weapon like a knife but miss the target, you could still face conviction for assault using a lethal weapon.

So, you would face charges when you commit assault with a dangerous weapon. In California, the act is a wobbler. When you commit a misdemeanor, you face a 12-month jail term. Alternatively, when a felony, you face jail terms for either 2, 3, or 4 years.

Assaulting a Public Official

Assaulting a public officer is criminal in California. The attack might be intimidation or revenge on the office while in the line of duty. The intimidation may include sending a third party. Sometimes, the executor faces conspiracy charges.

Who are public officials?

These people include judges, prosecutors, and officers of both federal and local governments. The form of assault in California is a wobbler. You remain in jail for up to 12 months when filed as a misdemeanor. When a felony, you stay behind bars for either 16 months, 2, or 3 years.

Disturbing Peace

Under California, it is a crime to disturb peace in California. You commit the offense when you play loud music, hurl offensive words, or fight in public. With the legal help of your criminal defense attorney, the court can reduce the battery or assault charge to disturbing peace.

It might be possible in cases where you and the victim were in a heated argument or engaged in a fight that did not lead to harm or injuries. The form of assault in California is a wobbler. So the prosecutor can file misdemeanor or infraction charges. To decide the conviction, the prosecution team must consider the nature of the assault and your past criminal records. The maximum penalty for the crime is three months jail term.

Assault with Caustic Chemicals

This form of assault is described under California PC 244. Assault using caustic chemicals involves placing or throwing chemicals at another person to cause significant bodily injuries or harm.

Caustic chemicals are any chemical substance that explodes or corrodes living cells. The substance may burn eyes, membranes, skin, and flesh. Among the most caustic chemicals include sulfuric acid and hydrated sulfate. Corrosive chemicals include acids, bases, and oxidizers and can disfigure, destroy, or damage living tissues.

Simple Battery

According to California PC 242, a simple battery involves a battery that does not inflict severe injuries to the victim. Since it is a less severe crime, the law considers it a misdemeanor. It attracts the following penalties:

• Misdemeanor probation.
• Six months jail term.

Lascivious and Lewd Battery

The offense of lascivious and lewd battery is committed when you touch a minor below the age of 16 sexually. The crime is committed when you intend to harm or inflict injuries on the child. The lascivious and lewd battery is a felony offense in California. You face a jail term of up to ten years when charged with the crime. The law also requires the offender to register as a sexual offender.

Domestic Battery

Domestic battery is the main form of battery in California. The crime involves battery against the following group of people:

• Father or mother of a child.
• The person you are currently dating.
• Your former or current cohabitant.
• Your former or current spouse.

Battery Resulting in Great Bodily Injuries

When the crime of battery results in severe bodily injuries, you face the charges of aggravated battery. The law in California considers aggravated battery a wobbler. The prosecutor can either face a felony or misdemeanor charge. Remember, the prosecutor can file the charge as either a felony or a misdemeanor. When charged as a misdemeanor, the crime attracts a 12 months jail term. A felony charge attracts a sentence of either 2, 3, or 4 years.

Additional Effects of Battery

The battery victims can sue the perpetrators for their injuries and damages. Note the court may also not find the defendant guilty of the crime provided you committed battery; other civil crimes might fall to you. The law in California treats civic crimes with seriousness; when found guilty, you might even face additional charges. The plaintiff only needs to demonstrate that the battery occurred. You want to work with your attorney to avoid facing the severe penalties of a battery charge.

Potential Defenses to Assault and Battery

Defenses to Assault

With the help of a competent criminal defense attorney, you stand a chance to fight the heavy penalties of assault. Handling the legal process alone can worsen your situation. The following are the common defenses your attorney can use to fight the charge:

• Self-Defense

Self-defense is one of the common defenses you can use to fight an assault charge. You must, however, meet the following conditions for you to use the defense:

• You applied reasonably to force a reasonable person could use under a similar situation
• You reasonably believed you or another person was in imminent danger of facing unlawful touch or bodily harm.
• You reasonably believed immediate actions were necessary to fight the threat.

• You Could Not Exert Force on the Victim

For an assault to qualify as a crime, the perpetrator must use force against the victim. When the perpetrator cannot use force, he is innocent of assault. For example, Brian and Ken fight, Mark separates them, and brian swings his leg in Ken's direction; Brian cannot face charges for an assault since the distance between him, and Ken cannot allow him to commit an assault. Therefore if this is your case, this defense could be the best option to fight the charge. Also, the court may consider dropping the charges.

• Victim of False Accusations

Do you know that you might be falsely accused of an assault charge? If this is your case, the defense of a false accusation could be your option. California PC 240 does not necessarily require the alleged victim to face actual injuries. The victim may falsely accuse you of the assault out of jealousy, revenge, or anger. When you support your claim of false accusation, the court will drop the charges.

• No Willful Act

The court could not hold you guilty of violating California PC 240 if you did not intend to commit the crime. You might have committed the crime because of a misunderstanding or by accident. The victim might also have misinterpreted your actions. Ensure your criminal defense attorney understands the whole story. You also have to provide supporting evidence to convince the criminal court judge.

Defenses to Battery

The defense of battery charge and assault can be different. However, several defenses are common in fighting the two charges. The following are the common defenses you can use to fight the battery charge:

• Self-Defense

Self-defense is a legal defense you can use to fight a battery charge. Before you use the defense, you must ensure you meet the following thresholds:

• You applied the required force.
• You used reasonable force to fight the danger.
• You reasonably believed you could suffer bodily injuries.

For example, John and his manager have a poor relationship. They argue, and the manager pokes John's chest. Joel reiterates and pushes the manager. In the process, the manager slipped and suffered head injuries. Although the manager poked John's chest, Joel can contest the charges by arguing he was doing so to defend John. He could prove that pushing away the manager was the only option to fight the immediate danger.

• Your Right to Punish the Child

Sometimes a parent may face battery charges for punishing their child. California PC 273(a) outlines the crime of child abuse. The crimes involving disciplining a minor are less severe since the parent merely punishes their child. Like in the child abuse charge, you can fight the battery charge by demonstrating your right to discipline the child.

The law allows parents to discipline their children by applying reasonable force. Therefore, if this is your case, you have a legal defense to fight the charge. Upon supporting your argument, the court can consider dropping the charge.

• Your Acts Were Unwillful

Remember, the intent is an essential element in the battery charge. So, to face the conviction for the battery charge, you must intend to commit the crime. Therefore, the law allows you to use this defense when your actions are unintentional. For example, when you may unintentionally push another person. Under this case, the prosecutor may file battery charges. But it would be best to plead guilty to the crime, reasonably believing your acts were unintentional.

Find a Criminal Defense Attorney Near Me

A battery and assault conviction can negatively affect your professional and personal life. You want to consult a well-experienced and knowledgeable attorney to help you with legal guidance. Before you plead guilty or confess to the crime, you must understand the available legal options.

At Los Angeles Criminal Attorney, our team of experienced attorneys can help you fight the charge and obtain the best outcomes for the case. If you seek legal help in Los Angeles, CA, contact us at 424-333-0943 for a confidential and free consultation.