{"id":371737,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-assault-and-battery-laws.html"},"modified":"2026-05-26T17:58:13","modified_gmt":"2026-05-26T22:58:13","slug":"california-assault-and-battery-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-assault-and-battery-laws.html","title":{"rendered":"California Assault and Battery Charges"},"content":{"rendered":"\n
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California Assault and Battery Charges<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

California<\/span> assault<\/span> and battery charges<\/span> cover the criminal offenses involving the threatening of or use of unlawful force against another person. These crimes range from misdemeanors<\/span> to aggravated felonies involving deadly weapons or serious injuries. Penalties can include fines, restitution, or jail time<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

In most states, including California<\/span>, assault and battery are separate criminal offenses. Because of the nature of the offense, assault charges<\/span> and battery charges<\/span> typically get filed together. There are degrees of both assault and battery, depending on how the defendant carried out the crime and whether the victim suffered serious injuries from the attack.<\/p>\n

California<\/span> Assault<\/span> and Battery Laws<\/span> and Charges<\/strong><\/h2>\n

The state of <\/span>California<\/span> defines simple assault<\/span> as \u201can unlawful attempt<\/span> coupled with a present ability<\/span> to commit a violent injury on the person of another.\u201d All three elements of the crime<\/span> must be proven to establish criminal assault.<\/p>\n

Aggravated assault<\/span><\/a> is an assault committed with a firearm or other deadly weapon. Assault with a deadly weapon<\/span> or likely to cause great bodily injury<\/span> can be a felony, depending on the type of weapon and the victim. Aggravated assault<\/span> includes hazing and recklessly discharging a firearm at an occupied dwelling.<\/p>\n

Battery and Aggravated Battery<\/span><\/strong><\/h3>\n

Criminal battery<\/a> is \u201cany willful and unlawful use of force<\/span> or violence upon another.\u201d The crime of battery requires an application of physical force<\/span>. Although physical injury<\/span> is not required for a battery charge<\/span>, the defendant must intentionally apply force<\/span>. Spitting, poking, or punching are examples of criminal battery. This distinguishes criminal battery from\u00a0civil battery<\/a>, in which the slightest touching<\/span> can justify a lawsuit if the victim believes the contact was offensive.<\/p>\n

Aggravated battery<\/span><\/a>, or battery causing <\/span>serious bodily injury<\/span>, may be charged in combination with assault with a deadly weapon<\/span>. Aggravated battery<\/span> is also a charge involving law enforcement<\/span> officers (police officers<\/span>, firefighters<\/span>, and other peace officers<\/span>), teachers, and road workers.<\/p>\n

Sexual Assault<\/strong><\/h2>\n

California<\/span> refers to sexual assault as sexual battery<\/span><\/a>. Unlike criminal assault and battery, sexual battery<\/span> only requires intentional offensive touching<\/span> of the victim\u2019s private parts. Sexual battery<\/span> in this section specifically excludes rape and child abuse<\/span>. Sexual battery<\/span> involves touching in an offensive manner<\/span> only and does not include sexual penetration.<\/p>\n

Penalties<\/strong><\/h2>\n

Simple assault<\/span> is a misdemeanor<\/span>, punishable by up to six months in county jail<\/span>, a fine of up to $1,000, or both. Simple battery<\/span> carries the same penalties except for the fine, which can be up to $2,000.<\/p>\n

Aggravated assault<\/span> and aggravated battery<\/span> are \u201cwobblers<\/span>\u201d in California<\/span> jurisprudence. They may be charged as misdemeanors<\/span> or felonies, depending on aggravating and mitigating factors. Defendants may receive up to one year in county jail<\/span> or up to three years in state prison, fines of up to $10,000, or both. Other possible sentences include probation, house arrest, community service<\/span>, anger management classes, and victim restitution.<\/p>\n

Sexual battery<\/span> is a wobbler<\/span> offense, depending on the nature of the crime and the victim. If charged as a felony, sentences can range up to four years\u2019 imprisonment, fines of up to $10,000, or both. Felony convictions count towards California<\/span>\u2019s \u201cthree-strikes\u201d law.<\/p>\n

Defenses<\/strong><\/h2>\n

Common defenses<\/span> to charges of assault and battery can include:<\/p>\n

Criminal assault cases<\/span> differ from civil assault<\/a>, which only requires an intent to cause apprehension of offensive contact. Unlike criminal assault, the threat involved in civil assault does not rise to the level of a crime.<\/p>\n