Assault (Penal Code 240) is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Battery (Penal Code 242) is any willful and unlawful use of force or violence upon the person of another.
When assault or battery is committed against certain persons, such as a police officer, roommate, or husband or wife, the penalty is more severe. (Penal Code 243) Also, assault with a deadly weapon—which can mean anything likely to produce great bodily harm—is a criminal offense that can carry serious consequences. (Penal Code 245)
Never proceed without a skilled criminal defense lawyer if you have been charged with assault or battery.
Please contact Alanna Coopersmith at (510)628-0596 for free a consultation.