The Difference Between Assault And Battery

Assault and battery are two different offenses, although people often use the terms assault and battery interchangeably. According to California law, battery is the offensive or harmful touching of someone else. You could face battery charges if you touch or strike another person.

On the other hand, you do not have to touch someone to face assault charges. You could face assault charges if you raise your arm at another person as if you are trying to hit them. Depending on your actions, you could face assault and battery charges concurrently. You should seek the services of a competent criminal defense attorney if you or your loved one faces assault and battery charges.

Assault, outlined under PC 240, is any action that can inflict offensive touching or bodily harm on someone else. According to PC 242, a battery is the actual application of force to someone else. The main difference between assault and battery is that assault does not require physical contact between the defendant and the victim. However, for you to face battery charges, the prosecutor must prove that there was actual contact between you and the victim. Assault is attempting to commit battery, while battery is completing an assault.

The Elements Of Assault

The prosecutor must prove the following elements to accuse you of assault under PC 240:

You engaged in an act that could have resulted in the application of force on another person
You acted willfully or on purpose
When you acted, you knew that your actions could make a reasonable person believe that direct or probable application of force would occur.
When you committed the assault, you had the present ability to apply force on the victim,

The application of force refers to offensive or harmful touching. Even a seemingly innocent or harmless touch can qualify as assault if you do it rudely or offensively. You could face assault charges even if a touch did not cause or could not have caused injuries. You can touch a victim directly or use an object. The prosecutor only needs to prove that you engaged in an action that could have resulted in the application of force. You do not need to have applied force on the victim.

You must have acted willfully to face assault charges. Acting willfully means that you acted on purpose. It does not mean that you intended to:

Gain an advantage
Break the law
Hurt another person.

The law does not require the prosecutor to prove that you intended to use force on the victim for assault charges to apply. You only need to be aware that your actions could lead to the application of force on the victim.

The Elements Of Battery

Battery refers to the unwarranted application of force to another person. You can only face battery charges if you apply an offensive or harmful touch on the victim. Common examples of battery include pushing, striking, or punching another person.

Force is the key element that distinguishes battery from assault. An assault is an unsuccessful battery since it does not require contact with the victim. Assault is a lesser offense than battery. It is impossible to commit a battery offense without assaulting someone.

The prosecutor must prove these elements beyond a reasonable doubt for you to face assault charges:

You touched another person intentionally in a harmful or offensive manner
When you touched the victim, you were not acting in self-defense or defending another person

You cannot be guilty of battery if the prosecutor cannot prove all the above mentioned elements. From the definition of battery, it is evident that there must be physical contact with the victim. You do not have to inflict injury on the victim. Even a slight touch can amount to battery.

Battery charges can apply even if you touch the victim through their clothing. You will also face charges even if you use an object to touch a victim. You must have touched the victim willfully or on purpose. An accidental touch does not amount to battery. The prosecutor does not need to prove that you intended to commit battery for you to face battery charges.

A touch can only amount to battery if you do it in a rude, disrespectful, violent, or angry manner. If you hug a victim, the touch will likely not amount to battery charges because it is not offensive or harmful. It is crucial to note that a touch is considered legal if consent exists. For example, you cannot face battery charges if you and the victim are in a boxing match.

The Penalties For Assault

You could face misdemeanor or felony penalties if you are convicted of assault. Simple assault attracts a fine of up to $1000 and a jail term that does not exceed six months. Your penalties could increase if you knowingly assault a protected victim. In this case, you could face a fine of up to $2000 and a jail term of up to one year.

For example, you could face increased charges if you assault a school employee, highway worker, traffic officer, or first responder. You could also face increased misdemeanor penalties if you commit an assault offense on a park, school, or public transportation property.

Certain assault offenses involving weapons attract felony penalties. These include:

Assault with a machine gun or a semiautomatic weapon
Assault by means likely to inflict great bodily harm on a public transit operator, firefighter, or a police officer
Assault with a gun against a firefighter or police officer

The jail term for felony assault charges can range from three years to twelve years.

Penalties For Battery

A battery conviction could attract misdemeanor or felony penalties. A simple battery could attract a fine that does not exceed $2000. You could also face a jail term that does not exceed six months. Your jail term could increase to one year if you commit battery on a protected victim or if the crime is committed on a hospital property, park, or school.

Protected victims include service members, highway workers, school employees, and first responders. They could also include a sports official, a family or household member, the elderly, or a dependent adult. Your fine could increase from $2000 to $10,000 if the protected person is an operator, driver, or passenger on a public mode of transportation.

More severe batteries could be charged as wobblers. Wobbler charges could come into play if a battery involves:

A juror working on your case
A healthcare worker involved in providing emergency medical care
Other protected victims
A victim who suffers severe bodily harm

Wobbler charges attract a jail term of up to one year if charged as misdemeanors. You could face a jail term of sixteen months to four years in a state prison for a felony conviction.

Certain battery offenses could attract straight felony penalties, including:

Committing battery against a custodial officer
Placing or throwing caustic chemicals, flammable substances, or corrosive acid on another person.

Battery Causing Injury

A crime that results in a significant bodily injury is a serious offense. You could face battery charges if another person sustains an injury, including a concussion, due to your application of force on them. Your case could be enhanced from a misdemeanor to a felony if the victim suffers a great bodily injury.

You could face a three-year enhancement of your jail term if you unlawfully inflict great bodily injury on another person. The judge can impose a jail term of sixteen months to three years in a state prison if you are guilty of felony battery causing serious injury. The severity of the injury a victim sustains will greatly impact your sentence. If the prosecutor accuses you of battery causing injury, you should seek the services of an attorney who:

Has handled battery cases before
Understand the difference between a simple battery and a battery that causes great bodily injury

Reasons For Hiring An Attorney When Facing Assault And Battery Charges

Having an experienced criminal defense attorney by your side can have numerous benefits when facing assault and battery charges. The following are the reasons why you should hire an attorney:

Negotiation Skills

An attorney knows how to bargain with prosecutors and judges. If the negotiations succeed, you could face more lenient sentences or even have your charges dismissed.

Personalized Attention

Your attorney will provide personalized attention during your case. They will help you understand every step of the legal process and negotiate for the best outcome of your case.

Knowledge Of The Law

Attorneys have extensive knowledge of local and state statutes. They will use this knowledge to create a strong defense strategy on your behalf. Your attorney could single out inconsistencies or weaknesses in the prosecutor’s case, which could help reduce or even have the prosecutor drop the allegations against you.

Defenses To Assault And Battery Charges

The best way to fight your assault and battery charges is with the help of a competent criminal defense attorney who understands California assault and battery laws. Your attorney could use the following arguments to help fight your charges:

You Did Not Act Willfully

You must have acted willfully to face battery charges under PC 242. Therefore, if the touch was accidental, you can use this defense to fight your charges. For example, you could shove someone in a crowd or touch them with an object unintentionally. The person can accuse you of battery. However, if you did not act intentionally, you will not face battery charges.

Parental Rights To Discipline A Child

Simple assault and battery charges could filed against parents together with California Penal Code 273(d) child abuse. The purported assault and battery could have been a lawful act of disciplining your child. You can use physical force to discipline your child as long as it is appropriate and not excessive. If you face assault and battery charges, you can allege that you were merely exercising your parental rights to discipline a child.

You Acted In Self-Defense Or Defense Of Others

Self-defense or protection of others could be a valid defense against assault and battery charges if the following factors are true:

You applied a reasonable amount of force, which was essential to defend yourself or others against harm
You reasonably believed that you or others were in danger of sustaining bodily injury or being unlawfully touched
You reasonably believed that immediate use of force was necessary to protect yourself or others against danger

There are situations where you could use threatening words to defend yourself. However, no matter how offensive, words without action are not enough to justify assault and battery. You should justify acting in self-defense or others if you reasonably believed that you were in imminent danger of suffering physical harm.

You Are A Victim Of False Accusations

Most assaults and battery charges do not require irrefutable evidence, like footage of the actual act. The prosecutor could use the victim’s testimony or witnesses as evidence of your wrongdoing. It is common for victims and witnesses to lie and accuse people of assault and battery. Their actions could be stirred by pursuing revenge for a perceived wrong, hatred, or jealousy. In other cases, your colleagues and business partners could allege that you assaulted them to eliminate competition in the workplace. They could do this to gain an advantage after your conviction.

A significant percentage of assault and battery cases are in family settings. One partner could allege assault and battery and use the accusations in custody contests to win the case. One partner could also persuade the children to accuse the other parent falsely. Fortunately, a competent attorney can unearth the motivation behind false accusations.

Civil Lawsuit For Battery And Assault Cases

Victims of assault and battery can file a civil lawsuit against the perpetrator to recover medical bills and lost wages. You could face civil charges even if the judge does not find you guilty in a criminal trial. Even if you are declared not guilty in a criminal trial, the victim can still bring civil charges against you.

Find An Experienced Criminal Defense Attorney Near Me

Often, assault and battery are mistaken for lesser crimes. However, an assault or battery conviction could have severe consequences. The crime could remain on your record and negatively impact your future. With the help of a skilled attorney, you can fight assault and battery charges and have them reduced or dismissed. The Law Offices of Jonathan Franklin have experienced attorneys who can help you fight your charges. Our attorneys will evaluate your case and create a suitable defense to fight your charges in Los Angeles. We go out of our way to achieve the best possible outcomes for our clients’ cases. Contact us at 310-273-9600 to speak to one of our attorneys.

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