Misd. Domestic Violence
15 mins. | Free Consultation
California defines Assault, CA Penal Code 240, as willfully acting in a manner that would likely and knowingly result in the application of force upon another. While Battery, CA Penal Code 242, is defined as willfully and unlawfully touching a person in a harmful and/or offensive manner.
The difference in the two definitions is that Assault does not require any physical contact with another person, while Battery does require physical contact with another person. It’s important to note that you can be charged with both Assault and Battery, but can only sentenced for the greater crime of Battery.
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