Assault and battery are often mentioned together, especially in police procedurals, and some states even charge the two offenses together. In California, however, they are separate offenses—the key distinction is the use of force. Assault is the threat or attempt to use force, whereas battery involves the actual use of force.
The Definition of Assault
California Penal Code 240 (PC) defines assault as “an unlawful attempt, combined with a present ability, to inflict violent injury on another person.” In short, it’s a credible threat or attempt to harm.The Definition of Battery
Under Penal Code 242 (PC), battery is “any willful and unlawful use of force or violence upon the person of another.” Simply put, battery is unlawfully and purposely using force on someone.Assault vs Battery —Key Legal Differences
The primary difference between assault and battery is that battery requires physical contact, whereas assault does not. Even minimal contact, such as a poke, qualifies as battery, provided there was contact. In rare cases, battery charges may arise from indirect contact, if intentional and likely to cause harm. For example, spitting in someone’s food is battery because it poses a risk of illness. Beyond that, the circumstances in which the charge is considered “aggravated” are different. Aggravated assault occurs when a weapon is used, while aggravated battery applies when an attack results in serious injury.| Distinctions | Assault | Battery |
| California Penal Code | 240 (PC) | 242 (PC) |
| Definition | The Threat or Attempt to Use Force | The Illegal Use of Force |
| Penalty | Six Months in Jail | Six Months in Jail |
| Aggravated Circumstances | When a Weapon is Used | When the Victim Suffers Great Bodily Injury |
| Aggravated Penalties | Up to a Year as a Misdemeanor; Up to 4 Years as a Felony | Up to a Year as a Misdemeanor; Up to 4 Years as a Felony |
