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Assault Vs. Battery

Despite often being charged together, assault and battery are different charges with different meanings. Assault means either threatening or attempting to harm a person, while battery is the act of making physical contact in an attempt to harm them.

The technical definitions according to state legislature go as follows:

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

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

Penalties for Assault and Battery

Penalties for a conviction can vary widely based on several factors, including where, when, and against whom the crime was committed. The typical penalties for assault include the following:

  • 6 months - 3 years in jail

  • $1,000 - $2,000 in fines

  • 1 - 3 years on probation

Battery has similar penalties associated:

  • 6 months - 3 years in jail

  • $2,000 - $10,000 in fines

  • Probation up to three years

These penalties can be enforced as simple battery or assault, or wobbler battery and assault. The primary difference in California between a “simple” charge and a “wobbler” charge is who the action is performed against. Wobbler assault or battery crimes are usually charged as such because they have been performed on a custodial officer, school district police officer, or a juror.

Next Steps

If you are facing battery charges, we may be able to help. Here at Schweitzer & Davidian, we have the skills, experience, and determination to help get you a favorable outcome for your case.

We have handled countless criminal defense cases and know how to navigate the legal system. When you need someone who you can trust to help defend your rights and freedom, rest assured Schweitzer & Davidian is here for you. You can reach us at (559) 206-2322 or contact us through our website today.