What Is Assault Under California Law? (Penal Code §240 PC)

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

Key Elements of Assault:

• You had the ability to apply force
• You intended to commit a violent act
• The act was likely to result in harm

Note: Assault does not require physical contact. Simply attempting or threatening to use force is enough.

Penalties for Simple Assault:

• Up to 6 months in county jail
• Fines up to $1,000
• Probation

Enhanced penalties may apply if the alleged victim is a public official, healthcare worker, or school employee.

What Is Battery? (Penal Code §242 PC)

Battery, under Penal Code §242, involves the actual use of force or violence against another person.

Examples of Battery:

• Punching or hitting someone
• Spitting on another person
• Shoving or pushing in anger

Even minimal or indirect physical contact can qualify as battery if it’s offensive or harmful.

Penalties for Misdemeanor Battery:

• Up to 6 months in jail
• Fines up to $2,000
• Community service or anger management

Aggravated Battery & Domestic Battery Charges

Penal Code §243(d): Battery Causing Serious Bodily Injury

This charge is often filed when the victim suffers significant injuries, such as broken bones or concussions.

Penalties:

• Filed as a misdemeanor or felony (wobbler)
• Felony: Up to 4 years in prison

Penal Code §243(e)(1): Domestic Battery

Applies when the victim is a spouse, cohabitant, dating partner, or parent of your child.

Common in Domestic Violence Cases

• Misdemeanor charge
• Up to 1 year in jail
• Mandatory domestic violence classes

Related Assault and Battery Charges

• Penal Code §245(a)(1): Assault with a Deadly Weapon (ADW)
  Involves using an object that could cause great bodily harm.
• Penal Code §244: Assault with Caustic Chemicals
  Involves throwing or placing harmful substances on someone.
• Penal Code §243.4: Sexual Battery
  Involves unwanted sexual touching for sexual gratification.

Each of these statutes carries serious consequences, including felony sentencing and sex offender registration (in some cases).

Legal Defenses to Assault and Battery Charges

At Tiemann Defense, we tailor your defense strategy based on the unique facts of your case. Common legal defenses include:

• Self-defense or defense of others
• Lack of intent
• False accusations or mistaken identity
• Insufficient evidence

Our attorneys conduct a thorough investigation and aggressively negotiate with prosecutors to reduce or dismiss charges.

Serving Clients in Sacramento, Placer, and El Dorado Counties

We have successfully defended clients facing assault and battery charges in:

• Sacramento: Including Elk Grove, Folsom, Citrus Heights, and downtown Sacramento
• Placer County: Including Roseville, Rocklin, Auburn, and Lincoln
• El Dorado County: Including Placerville, Cameron Park, and South Lake Tahoe

Our familiarity with local courts and prosecutors gives your case a strategic advantage.