What are the definitions of Battery and Assault?

Assault is found under PC 240, and Battery is found under PC 242.

PC 240 Assault: An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

PC 242 Battery: A battery is any willful and unlawful use of force or violence upon the person of another.

What are the main differences between Assault and Battery?

In criminal law, people often refer to an “assault” as an “attempted battery”. In other words, an assault can become a battery on another person if they make physical contact with that other person. For example, if you are arguing with another person, and you pushed that person, you would have committed a battery. That is because you committed an unwanted physical touching by another person. This is a general intent crime, meaning the action you did was your intended action, even if you did not intend to hit another person. You intended the action, not the result, which makes it a general intent crime.

In the alternative, an assault does not require any physical touching of another person. An example of this, would be if you walk up to another person, pull your arm back and ball it into a fist, and pretend that you are about to hit the person, but at the last moment, you don’t actually touch them. Because you didn’t actually touch the person, you have only committed an assault. You cannot commit an assault to an unconscious victim. If, in the same scenario, you pretended to punch someone while they slept, and they didn’t have knowledge you attempted to do this, there would be no crime. An assault requires the victim being in fear of the unlawful touching happening. That is because it is a specific intent crime – meaning you intended to, and did do the act.

An assault a victim must see coming, a battery does not require the victim knowing they are about to get unlawfully touched.

What are the Penalties for being charged with Assault or Battery?

Assault under PC 240 and Battery under PC 242 are both misdemeanor only offenses. If convicted of either, you could be sentenced to County Jail for upwards of 180 days in County Jail for the offenses. You would be required to serve at least 50% of that time in custody. You could also be subjected to Probation terms, fines and fees, classes, as well as Criminal Protective Orders if you are convicted of either offense.

Call Today

Facing criminal charges, particularly for battery or assault, can have profound implications on your life and future. The charges can lead to severe legal consequences, and beyond that, affect your freedom, reputation, and opportunities. Understanding the nature of your charges and having a solid defense strategy is crucial in safeguarding your future.

At Inland Empire Criminal Defense, we specialize in criminal defense with a focus on assault and battery cases. Our experienced attorneys understand the complexities of these charges and are adept at navigating the legal system to defend your rights vigorously. We are committed to providing a robust defense, utilizing our extensive knowledge and experience to challenge the prosecution’s case and seek the best possible outcome for you.

If you or a loved one is facing assault or battery charges, it’s important to act quickly and seek professional legal help. Contact your local Ontario Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Located in Ontario, we are ready to assist you with expert legal representation, ensuring that your case is handled with the attention and aggressiveness it deserves. Let us help you fight for your rights and work towards preserving your freedom and future.