Assault & Battery

Although often used interchangeably, assault and battery are two distinct criminal offenses under California law.

Assault, as defined under California Penal Code § 240, is:

“An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
For instance, if Wiley intentionally threw a chainsaw at Elmer's head but narrowly missed, that could constitute an assault.

Battery, under California Penal Code § 242, is:

“Any willful and unlawful use of force or violence upon the person of another.”
Continuing the example, if Elmer then picked up the chainsaw and injured Wiley by cutting off his toe, that could be considered battery.

If you believe you have been wrongfully charged with assault and/or battery, contact Do & Associates immediately to learn how we can defend your rights.

Penalties

The penalties for assault and battery vary depending on the severity of the incident.

Simple Assault and Battery:
Classified as a misdemeanor, this charge typically carries a penalty of up to six months in county jail, a fine not exceeding $2,000, or both. The outcome depends on the unique facts and circumstances of each case.
Aggravated Assault or Battery:
More serious in nature, this offense often involves the use of a deadly weapon and may be charged as either a felony or a misdemeanor. Felony charges can carry substantial prison time and long-term consequences.

Regardless of the charge, early intervention is critical. Contact Do & Associates immediately to protect your rights, preserve evidence, and secure critical witness testimony.

Potential Defense Strategies

Common defenses to assault and battery include:

Self-Defense
Defense of Others
Defense of Property
Procedural Defenses (e.g., violation of constitutional rights)

Every case is unique. At Do & Associates, we examine every detail with precision and determination. We are committed to identifying flaws in the prosecution’s case and building the strongest possible defense on your behalf.

DISCLAIMER: The information provided herein is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.