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CRIMINAL LAW ATTORNEYS

DIFFERENCE BETWEEN

ASSAULT AND BATTERY?

ASSAULT is causing someone to FEAR that they will be physically harmed. Assault is defined in California under Penal Code Section 240 as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another”

 

This offense can carry up to a $1,000 fine and/or up to six months in jail. This fine is in addition to any fines and fees the court will add which can vary. The consequences can go up if it was committed against a protected person (such as a parking officer, police officer, process server, EMT, etc.) or if it was committed in a protected place (such as park, school, bus, etc.)

BATTERY is ACTUALLY causing physical harm.  It is defined in the California Penal Code as “any willful and unlawful use of force or violence upon the person of another”. “Unlawful use of force” can be almost any physical touch that was unwanted. Even as slight as a shove.

This offense can carry up to a $2,000 fine and up to six months in jail. Just as with battery, the fine is in addition to penalties and fees the court will add. Also the consequences increase if it was committed against protected people or in protected places. 

The consequences of BATTERY get even worse when the force used was enough to cause pain or injury. 

Yes. There are certain charges that automatically cause someone to lose their gun rights. In order to keep from losing your gun rights you have to have your charge changed to an alternative offense. An experience attorney can negotiate this for you. 

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Anaheim CA 92806 Tel (714) 630-3314

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