Assault & Battery

Assault and Battery is often used interchangeably, however, they are actually two different crimes.

According to the California Penal Code § 240, an assault is:

"[...] an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

For example, an assault may occur if Wiley purposely threw a chainsaw at Elmer's head but barely missed.

Battery on the other hand is defined by California Penal Code § 242 as:

"[...] any willful and unlawful use of force or violence upon the person of another."

For example, a battery may occur if Elmer picked up the chainsaw and cut Wiley's toe off.

If you feel that you have been wrongly charged with assault and/or battery, call Do & Associates immediately to find out how we can help you.


The punishment for assault and battery depends on the severity of the inflicted injury.  Where the injury is minor, the prosecution may file the charges as a simple assault and battery, and when it is severe as aggravated assault and battery.

Simple assault and battery is a misdemeanor and it usually carries a punishment of fines not exceeding $2,000 or imprisonment not exceeding 6 months, or both.  Punishment varies depending on the circumstances of each case.

Aggravated assault or battery is of a more serious nature.  Such charges can be classified as either felonies or misdemeanors.  Typically, aggravated assault or battery is accomplished by the use of a deadly or dangerous weapon.  If you are charged with a felony, punishment may result in prison.

Contact Do & Associates immediately to ensure that your rights are protected, witnesses obtained, and evidence preserved.

Potential Defense Strategies

Defenses to Assault & Battery include, but are not limited to:
  • Self-Defense
  • Defense of Others
  • Defense of Property
  • Procedural Defenses (Violation of Constitutional Rights)

To make sure these distinctions and defenses are brought to light, it is important that you contact Do & Associates to handle your case.  We will thoroughly look into your case with a fine tooth comb and aggressively penetrate all weaknesses in the prosecution's case against you.

DISCLAIMER:  The information provided herein does not constitute legal representation or legal advice.  

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