Assault and Battery Charges in California: What You Need to Know

Many people use the terms assault and battery interchangeably, but under California law, they are distinct crimes with different legal definitions and penalties. Whether you’re accused of getting into a fight, defending yourself, or being in the wrong place at the wrong time, understanding these differences is essential to your defense.

At KN Law Firm, our criminal defense attorneys in Glendale, California, represent clients across Los Angeles and Southern California facing assault, battery, and related violent crime charges. We understand how easily a misunderstanding or emotional moment can turn into serious criminal allegations — and we’re here to fight for your rights every step of the way.

What Is Assault in California?

Assault, under California Penal Code §240, is defined as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person.

This means that you can be charged with assault even if no physical contact occurs. Simply attempting to harm someone — or acting in a way that makes them reasonably fear immediate harm — can be enough to justify an assault charge.

For example:

• Swinging at someone and missing.
• Raising your fist in a threatening way.
• Throwing an object but not hitting anyone.

These actions may all qualify as assault if the prosecutor can prove you had the intent and ability to cause harm.

What Is Battery in California?

Battery, defined under Penal Code §242, is the willful and unlawful use of force or violence upon another person.

In other words, battery requires actual physical contact. Even minor, non-injurious contact can count as battery if it’s offensive or unwanted. Examples include:

• Punching or slapping someone.
• Spitting on another person.
• Shoving or pushing someone in anger.

Battery doesn’t have to result in serious injury for charges to apply — but if the victim is injured, or if certain victims are involved (such as police officers, nurses, or domestic partners), penalties can increase significantly.

Penalties for Assault and Battery

The penalties for assault and battery depend on the circumstances of the offense, the extent of any injuries, and the defendant’s prior criminal record.

• Simple Assault (PC §240): Up to 6 months in county jail and/or a fine of up to $1,000.
• Simple Battery (PC §242): Up to 6 months in jail and/or a fine of up to $2,000.

However, if the alleged victim is a police officer, emergency responder, or healthcare worker performing their duties, penalties can increase.

• Aggravated Assault (PC §245): Using a deadly weapon or force likely to cause great bodily injury can lead to 2–4 years in state prison and fines up to $10,000.
• Battery Causing Serious Bodily Injury (PC §243(d)): This “wobbler” offense can be charged as a misdemeanor or felony, with potential prison sentences of up to 4 years.

Assault or battery convictions can also carry collateral consequences, including loss of professional licenses, immigration issues, restraining orders, and a permanent criminal record.

Common Defenses Against Assault and Battery Charges

Not every confrontation should lead to criminal punishment. The law recognizes several valid defenses to assault and battery, including:

1. Self-Defense or Defense of Others: If you reasonably believed you or someone else was in danger and used proportional force to protect against that threat, you may have a strong defense.
2. Lack of Intent: Assault and battery require intent. If the contact was accidental or misinterpreted, the charges may not hold.
3. False Accusations: Unfortunately, personal disputes — especially in domestic situations — can lead to exaggerated or false claims.
4. Mutual Combat: When both parties willingly engage in a fight, it can reduce or negate criminal liability.
5. Insufficient Evidence: Prosecutors must prove every element of the charge beyond a reasonable doubt. If evidence is weak or contradictory, your attorney can push for dismissal or acquittal.

How KN Law Firm Can Help

At KN Law Firm, we know that assault and battery cases often arise from emotional, complex situations — and that there are always two sides to every story. Our attorneys have extensive experience defending clients accused of violent crimes across Glendale, Los Angeles, and surrounding Southern California communities.

We carefully examine the facts, challenge witness statements, and negotiate aggressively with prosecutors to reduce or dismiss charges whenever possible. If your case goes to trial, we’ll build a compelling defense to protect your rights and freedom.

Contact KN Law Firm Today

If you’ve been accused of assault or battery in California, don’t wait to seek legal representation. A conviction can follow you for life — but the right defense can make all the difference.

Call KN Law Firm today at (888) 950-0011 for a free consultation. Our skilled criminal defense team in Glendale, CA is ready to stand by your side and fight for your future.