There is a common misconception that assault and battery are one in the
same since they are often charged together. However, assault and battery
are two separate offenses. Even if you are charged with both crimes, it
is important to understand the difference between these offenses and how
they are charged and penalized. Our firm is fully prepared to explain
what these charges entail and represent you if you have been arrested.
The Difference Between Assault & Battery
Assault is the act of attempting to cause harm or threatening another person
with bodily injury or death, while battery entails actual physical contact
with another person. Simple assault must involve the physical ability
to cause the injury and is typically charged as a misdemeanor. Assault
with a deadly weapon involves an effort to cause a serious injury or death
using a lethal weapon. An attempt to cause a serious injury to a police
officer, EMT, firefighter, or other public safety worker is considered
an assault on an officer.
Because there are several degrees of assault, the penalties for a conviction
can vary. Simple assault carries much less severe penalties than a crime
against an officer or one with a deadly weapon.
Battery is the use of physical force to harm another individual. There
are varying degrees of battery charges, including simple battery, battery
on an officer, sexual battery, and domestic battery. In order to prove
an act of battery took place, the prosecution must show that there was
an intentional and unlawful use of violence and/or force. Acts of battery
committed against an officer, or which involve the use of a deadly weapon,
are punished severely.
The penalties for being charged with assault and battery may include:
- Time in county jail
- Time in state prison
- Community service
- Large fines
The Riverside criminal defense attorneys at our firm are prepared to represent
any degree of assault and battery charges. To set up a no-charge consultation,
please contact us now at (951) 682-5110.