California State Law and the Assault & Battery Code

In California, assault is an actual or attempted harmful violent battery.

California's Penal Code defines an assault as "...an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Criminal penalties vary depending on the status of a victim (e.g., assaulting a law enforcement officer is more heavily penalized than a civilian).

California Penal Code Section 240

California's Penal Code Sections 240 to 248 are the applicable statutes pertaining to criminal assault and battery. Under California civil law, a civil asault and battery occurs from any unwanted, unprivileged touching. The battery does not need to be a serious violent touching to sue for monetary damages.

Defenses

An alleged assault defendant is entitled to assert certain defenses to an assault and battery prosecution. These include acting in self-defense or defense of another person. Additionally, a person is entitled to use reasonable force to defend their property.

Penalties

California Penal Code Section 241(a) sets the criminal penalties for assault and battery. Generally, punishment for assault and battery is imprisonment in county jail for up to six months or a fine of up to $1,000, or both. Exceptions include assault and battery on a law enforcement officer which carries a sentence of imprisonment for up to six months or a maximum fine of $2,000, or both.

References

• State of California: Penal Code Sections 240-248