Strategic Federal And State Criminal Defense

The difference between assault and battery

On Behalf of | Jan 2, 2023 | Criminal Procedure |

There are certain types of criminal charges that carry the potential for significant penalties. Criminal allegations that involve an element of violence, such as assault and battery, can affect the rest of your life, even if there is no conviction. If you are facing these accusations, it is in your interests to know what you are up against and understand the charges against you. This will help you develop the most effective defense strategy for your individual situation.  

Assault and battery are terms that often go together, but these are separate charges. They each involve the harm or the intended harm of another person, and if convicted, one of the consequences you may face could include time behind bars. It is in your interests to take your situation seriously and take immediate action to learn how you can defend your future freedom and opportunities. 

What is assault? 

In most cases, assault is causing harm, or the attempt to cause harm, to another person. It is possible to face charges of assault, even if you have actually made no physical contact with another person. Assault can also include threatening behavior or making threats against another person. If charged with assault, you face accusations of intentionally attempting to cause harm to another person through force or violence. To convict someone of assault, there must be evidence of the intent to hurt or harm another person. 

What is battery? 

Battery is the intentional contact of another person in a manner that is offensive or harmful. While intent is a requirement for battery charges, this specific type of criminal allegation requires evidence of harmful contact or contact of another person without his or her permission. Unlike assault charges, there does not need to be evidence of intent. It is possible for someone to face assault and battery charges at the same time. 

Your best defense strategy 

When facing assault or battery charges in California, you will benefit from knowledgeable counsel regarding your ideal defense strategy. The best approach for confronting violent criminal allegations depends on the details of your individual case, such as your criminal record. It will be in your interests to begin this process as soon as possible after an arrest or learning that you are under investigation.