What Is The Difference Between Assault And Battery?

While many people use assault and battery interchangeably, they have very different meanings under California law, and different potential penalties if convicted.

Assault is putting someone in fear of being injured. A person can be charged with assault with a deadly weapon or aggravated assault, which involves the threat of great bodily harm. When a person physically injures another person or attempts to, battery has occurred.

Your Reputation And Your Rights Are On The Line

If you are facing charges of assault and battery, you have a lot at risk. Depending on the severity of the charge, if convicted you could face time in jail, fines or probation.

  • Misdemeanor assault: The maximum penalty is up to six months in jail, a $1,000 fine and probation.
  • Misdemeanor battery: Up to six months in jail, a maximum fine of $2,000 and probation.
  • Felony battery: Up to three years in county jail or state prison, a fine ranging from $2,000 to $10,000, probation and restitution to the victim or victims. Restitution is a financial amount ordered by the judge based on the victim's injuries.

Protect Your Future. Call William Bennett For A Strong Defense.

Do not wait to seek the advice of an experienced lawyer if you are facing assault charges. Contact the Law Office of William R. Bennett in San Jose today at 408-335-7622 or send an email to schedule a free initial consultation with the attorney.