California Assault Laws

In California "assault" takes place when you perform an act that intends to hurt or threaten another person with violence or force. The criteria to judge an assault crime is;

a) attempt to commit such an act

b) had the ability to do so


The Difference between a California "Assault" and a California "battery" charge
Assault and battery are actually quite different even though they are often categorized together. The California crime of battery takes place when you actually use force or violence against another person. Unlike an assault, it isn't just an attempt to inflict harm.

The Penalties, Punishment, and Sentencing for Committing an "Assault" under California Penal Code 240 is a misdemeanor. If convicted of this offense, you face any or all of the following penalties:

a) up to 6 months in the county jail,

b) a maximum fine of $1,000,

c) sentencing to a batterers program, and/or

d) community service



Penalties, Punishment, and Sentencing for Committing a "Battery" under California Penal Code 242:

a) up to 6 months in the county jail,

b) a maximum fine of $2,000,

c) sentencing to a batterers program, and/or

d) community service







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