O.K. Here’s California’s Assault & Battery law.

California law defines assault (sometimes referred to as an “assault and battery”) in section 240 of the California Penal Code. An “assault” is an unlawful attempt, coupled with a present ability, to commit a violent injury on another. Simply put, it means performing an act that is likely to result in the application of force to another.

There is no requirement that an assault must actually result in a violent or forceful act upon another, only that you (1) attempted to, and (2) had the ability to do so.

California “simple assault” is a misdemeanor and is typically charged when the accuser didn’t suffer any type of significant injury as a result of the offense. A California “aggravated assault” (otherwise known as an “assault with a deadly weapon” or an ADW) will be filed if (1) you used a deadly weapon or other instrument capable of producing serious bodily injury, and/or (2) when the accuser is seriously injured.

*This article primarily focuses on the issues involved with a California “simple assault”.

What is the Difference between “Assault” and “Battery”?

Although many people think that “assault and battery” is one crime, “assault” (CPC 240) and “battery” (CPC 242) are actually two different offenses. As Robert Little, one of San Bernardino’s top assault defense attorneys puts it, “The easiest way to distinguish the crimes is this.an assault doesn’t necessarily involve any actual physical contact — a battery does. Put another way, an ‘assault’ is an ‘attempted battery’, and a ‘battery’ is a ‘completed assault’”.

How Do Prosecutors Prove a California “Simple Assault” Under Penal Code 240?

In order to convict you of “simple” or “misdemeanor” assault in California, the prosecuting agency must prove the following three facts (otherwise known as “elements”):

It does require, at minimum, an attempt at physical violence to constitute assault. A successful attempt (actual physical contact) is battery.