Assault & Battery Defense Lawyer

Even though the terms “assault” and “battery” are often used in conjunction, these terms point to distinguishable scenarios.

An assault occurs when one person places another in reasonable apprehension of receiving physical harm. Meanwhile, battery occurs when a person wrongfully harms another individual.

At their core, assault and battery cases involve an individual touching another person without excuse or justification. These cases typically involve force or violence as well.

Assault and battery cases can get messy quickly. Anyone can claim that someone assaulted or battered them, even if the act was not willful. Additionally, assault and battery cases can be challenging to prove, as they often involve one person’s word against another.

As a result, California law provides a few basic elements of assault and battery cases that the prosecution must prove to show that these crimes occurred. In order to establish an assault, the prosecution must provide evidence of the following:

• The defendant did an act that would directly and probably result in battery.
• The act was willful.
• The defendant was aware that a reasonable person would assume the act would directly and probably result in battery.
• The defendant had the present ability to apply force within the act.
• The defendant did not act in self-defense or to defend another person.

Meanwhile, to prove battery, the prosecution must provide evidence of the following:

• The act was willful.
• The defendant used force or violence.
• The action was committed against another person.

Note: the plaintiff does not need to have suffered losses for a battery to have occurred.
In both cases, the prosecution must prove the above elements beyond a reasonable doubt.

Here are a few examples of assault that would meet the above qualifications:

• Threatening to shoot someone
• Trying to spit on someone
• Miming the act of hitting or kicking someone
• Brandishing a heavy object and threatening to hit someone

These examples involve an imminent threat of danger but do not actually include a violent act against another person.

Now, here are a few examples of battery:

• Touching someone when they explicitly say to stop
• Hitting someone after getting into an argument
• Pinching someone with the intent to hurt them
• Slapping someone forcefully
• Spitting on someone

All of these examples involve touching someone with the intent to harm or offend them.