Assault and Battery Lawyer in Los Angeles

What is the Difference Between Assault and Battery?

Many people believe that assault and battery are interchangeable crimes because they’re often charged together; however, the two terms have vastly different legal meanings and consequences in the state of California.

When filing a claim for assault and/or battery, it's very important to understand the difference that a victim suffers in order to accurately bring the legal claim against the at fault party. Although assault and battery may somewhat seem related under criminal charges, they are two separate crimes and charges that both involve bodily harm.

Usually, an assault is followed by a battery, but that's not always the case. In California, criminal law prohibits both assault and battery, and civil law also provides for penalties.

What is the Difference Between Assault and Battery?

Assault
Assault occurs when a person intentionally places another in imminent apprehension of harmful or offensive contact. In order for assault to occur, the victim must be aware of the assault and be placed in immediate fear.

It’s important to note that one could be charged with assault even if they did not cause any type of physical touching, and that assault is considered to be an attempted battery.

Aggravated Assault
Aggravated assault refers to the immediate apprehension of harmful or offensive contact when there has been a deadly weapon involved or there has been an assault on a law enforcement official. Aggravated assaults are more severe than regular assault and have more severe punishments.

California Penal Code 240 defines the crime of assault as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”

Different Degrees of Assault

  1. First-degree assault, also known as aggravated assault, carries the harshest punishments of all degrees. For an assault to fit into the first-degree category, it typically needs to include severe indifference for the value of human life and extreme bodily harm.
  2. Second-degree assaults contrast from first-degree assaults if the intent for bodily harm was different or the level of bodily harm is less severe. Most second-degree assaults still involve the use of a dangerous or deadly weapon, but receive a lesser punishment than the first-degree assaults do.
  3. Third-degree assaults are the least punishable crimes in this category, and typically occur when an individual attempts to harm another but fails, or when someone suffers injuries that are not physical.

Battery
Battery occurs when a person intentionally causes harmful or offensive contact, and must include actual touching to be considered a crime.

Under California Penal Code Section 242: battery is defined as “any willful and unlawful use of force or violence upon the person of another.”

Aggravated Battery
Aggravated battery occurs when the perpetrator engages in battery with a deadly weapon, or engages in battery with a police official, and includes more serious fines and longer prison time.

How Are Battery and Assault Charged?
Both assault and battery are typically charged as a misdemeanor offense (as opposed to an infraction or a felony). The crimes are punishable by jail time and substantial fines.

  • Assault — imprisonment for up to six months and / or a maximum fine of $1,000
  • Battery — imprisonment for up to six months and / or substantial fines beyond $1,000.

How Do You Prove Assault and Battery? 
Under California law, a prosecutor must prove the following to convict someone of battery:

  1. the defendant willfully and unlawfully touched someone in a harmful or offensive manner, and
  2. the defendant did not act in self-defense or in defense of someone else.9

Under California law, a prosecutor has to prove the following to convict someone of assault:

  1. the defendant did an act that by its nature would directly and probably result in the application of force to a person,
  2. the defendant did that act willfully,
  3. when the defendant acted, he/she was aware of facts that would lead a reasonable person to realize that his/her act by its nature would directly and probably result in the application of force to someone, and
  4. when the defendant acted, he/she had the present ability to apply force to a person.

Top-Rated Assault & Battery Attorneys in Los Angeles

If you or someone you know is a victim of assault and/or battery, you should seek legal help from an experienced personal injury attorney as soon as possible to get the justice and compensation you deserve.

Dealing with the aftermath of an assault and/or battery case is not only stressful, but it can also be very difficult to handle without a team of dedicated attorneys on your side.

Our trusted and experienced Los Angeles assault and battery lawyers know what it takes to get the results and the justice you deserve, and will help you every step of the way. Feel free to contact us at the Gutierrez Law Firm at any time with any questions or for help with your assault and battery case.

Contact Our Trusted Lawyers For Your Assault & Battery Case

If you’ve been threatened or injured by someone else, you can empower yourself by seeking financial justice from any injuries or damages that may have resulted from assault and/or battery with the help of a Los Angeles assault lawyer.

For a free initial consultation, and dedicated representation, please feel free to contact us at the Gutierrez Law Firm by phone at (323) 999-3500 or by email at office@gutierrez.legal to discuss your specific case matters.

At the Law Offices of Oscar H. Gutierrez, our team is skilled and knowledgeable in all the complex legal tasks and court procedures needed for a favorable and successful resolution to your case.

With 40+ years of combined litigation experience in handling assault and battery cases for our clients across Los Angeles courts,  we’re fully equipped to fight aggressively on your behalf during each step of the legal process—to help you receive the compensation and justice you deserve, so you can focus on what matters—recovering.