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Assault vs. Battery: Legal Distinctions and Defenses

By Los Angeles Criminal Defense Attorney on April 15, 2024

Assault and battery are often mentioned together, but they are separate offenses under California law. Assault is an attempt to threaten to injure another person, creating a reasonable apprehension of imminent harm. But battery involves actual physical contact or offensive touching without consent, regardless of injury. The two offenses are closely related because assault often leads to battery.

In California, both offenses carry serious penalties, including jail time and heavy fines. Even if there was minimal or no physical contact at all, if you have been charged with one or both of these offenses, you’ll want to speak with an experienced Los Angeles violent crime defense lawyer immediately.

What Is Assault in Los Angeles?

In California, assault is defined as “an unlawful attempt, coupled with the present ability, to commit a violent injury on someone.” It’s important to note that actual physical contact is not necessary for assault charges to be filed – the mere attempt to use force or violence is all a prosecutor needs.

A person may be charged with assault if they take an action that can be interpreted as likely to result in the use of force against someone else. This includes situations where there is an apparent ability to commit the assault, even if there was no actual intent to cause harm.

To establish an assault charge in California, the prosecution must prove several key elements:

• First, there must be evidence that the defendant acted willfully, meaning the action was intentional.
• Second, the defendant must have been aware that their actions would reasonably result in the application of force to another person.
• Third, at the time of the act, the defendant must have had the ability to apply force to the other person.

The concept of imminent threat plays a key role in assault cases in California. For an assault charge to hold, the prosecution must prove that the defendant’s actions created a credible threat of harm, which was immediate and present. The threat must be one that would cause a reasonable person to fear for their safety. Words alone, without an action that indicates the capability to carry out the threat, generally do not constitute an assault.

Effective Legal Defense Against Assault Charges

An experienced lawyer will scrutinize the details of the case, questioning whether the prosecution can prove every element of the charge beyond a reasonable doubt. A defense attorney may challenge the perceived intent, the existence of an imminent threat, or the defendant’s ability to carry out the threat. A defense lawyer will also evaluate whether any defenses, such as self-defense or the defense of others, are applicable. A good defense lawyer can often negotiate with prosecutors to get the charges reduced or dismissed altogether.

What Is Battery in Los Angeles?

In California, battery is legally defined as any willful and unlawful use of force or violence upon someone. Even the slightest touch can be considered battery if it is done in a rude or angry way, and it doesn’t necessarily have to cause injury or pain. The act must be intentional, meaning that the person committing the act did so to cause physical contact or harm to another.

For serious battery offenses, such as those involving significant bodily injury or committed against certain protected individuals like police officers, the law carries steeper fines and longer prison sentences.

In order to establish a battery charge in California, certain elements must be proven beyond a reasonable doubt:

• Critically, there must have been a willful and unlawful use of force or violence. Willful means the act was done intentionally, not accidentally.
• The physical contact must have been with another person directly or through clothing or an object. The victim does not need to be injured for the act to be considered battery.

In order to be successful, the prosecution must demonstrate that the defendant did not have consent for such contact. In scenarios where consent is given, such as sports or medical procedures, battery charges typically do not apply.

Legal Defenses Against Charges of Battery

Intent is a central element in battery charges, and contesting intent can be a powerful defense. The prosecution must prove that the defendant intended to commit an act that resulted in physical contact. If the contact was accidental or unintentional, then the element of intent is not met, and the battery charge may not hold.

For instance, if someone bumps into another person due to a sudden movement in a crowd, it suggests there was no intention to make contact. Similarly, if an object was thrown with no aim to hit a person, but it accidentally does, this can also negate the intent requirement.

Successful strategies that defense lawyers use to defend clients against battery charges include:

• Mistaken identity
• Police misconduct
• Incidental contact
• Self-defense
• No physical contact
• Defendant alibi
• The defendant was acting in the defense of others
• Unreliable witnesses

Get Help with Criminal Charges from a Los Angeles Violent Crime Criminal Defense Attorney

Contact Werksman Jackson & Quinn LLP right away. We are one of the most highly regarded criminal defense firms in California. Our attorneys have successfully defended many high-profile clients, and we’ve been featured on ABC News, Fox News, CNBC, Esquire, the BBC, and the Los Angeles Times.

Werksman Jackson & Quinn LLP has an AV Rating from Martindale-Hubbell, and the independent rating agency Super Lawyers recognizes our law firm for providing outstanding service to our clients based on peer reviews and independent research.

Call (213) 688-0460 to schedule your case review today with one of our Los Angeles assault and battery criminal defense attorneys.