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California Assault and Battery - Understanding the Difference

By Neil Shous, Esq.

People quite often refer to an assault as an ?assault and battery?. While it?s definitely possible to commit an ?assault and battery? the two are, in fact, separate crimes. Here?s the distinction? A California Penal Code 240 PC ?assault? takes place when you attempt to harm or injure another person. As long as you have the ability and desire to inflict an injury on someone, the crime is completed as soon as you attempt to injure that person. It doesn?t matter whether you actually make contact with the individual or whether you actually injure that person. If you attempt to contact a person in a way that is likely to inflict harm, you have committed a California Penal Code 240 PC assault. A battery, on the other hand, takes place when that attempt is completed?which is why battery is sometimes referred to as a ?completed assault?...continue to full post

Full post as published by California Criminal Defense Blog on February 19, 2010 (boomark / email).