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Assault vs. Battery: What's the Difference?

Posted by Jarrod M. Wilfert | Feb 21, 2017 | 0 Comments

Many people have probably heard the words “assault and battery” and thought they were a single charge. In fact, they are two different crimes that are often linked together. In the state of California, assault and battery can lead to both civil and criminal cases.

According to the California Penal Code, assault is an unlawful attempt to cause another person serious injury. It doesn't require one person to touch another; instead, if a victim feels a person is likely to cause them serious damage, they are the victim of an assault. In other words, assault is often described as the attempt to commit a battery.

Battery describes actual force or violence used against another person. For example, while threatening to beat someone up is considered assault, battery would be a person actually following through on that threat.

Likewise, both charges could be considered a misdemeanor or a felony depending on the circumstances of the crime. Simple assault and battery are misdemeanors, but if serious injuries or weapons are involved, those could be elevated to felony charges.

If you're facing assault or battery charges, make sure to do yourself a favor and speak to one of our skilled Ventura criminal defense attorneys about your case as soon as possible. The faster we hear about your case, the sooner we can get to work on mounting an adequate defense. Wilfert Law P.C. provides elite and aggressive lawyers who will work to defend your rights and your freedom. We are led by a former deputy district attorney, meaning we can offer you unique insight into how the prosecution is likely strategizing. Let us use our decade of collective legal experience to see what we can do for you.

Contact us at (805) 994-0560 or fill out our online form to schedule your free case consultation today.

About the Author

Jarrod M. Wilfert

Founding Attorney A Reputation of Excellence Jarrod M. Wilfert has been involved in criminal law for over a decade and as a former Police Officer, Prosecutor and certified Drug Recognition Expert, he brings a unique and aggressive perspective to the practice of criminal defense and civil litig...


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