Simple Assault & Battery
Simple Assault vs. Simple Battery in California: What North State Clients Need to Know
If you or someone you care about has been arrested for simple assault or simple battery in Northern California, it’s important to understand the differences between these two misdemeanor charges under California law. As a Northern California criminal defense attorney, I’ve helped clients throughout Redding, Chico, Red Bluff, Yuba City, and beyond defend against assault and battery charges.
What Is Simple Assault in California?
Under California Penal Code § 240, simple assault is defined as:
“An unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.”
In plain terms, assault doesn’t require actual physical contact. It generally requires an intentional action that could result in force or violence against another person.
Elements of Simple Assault:
To be convicted, prosecutors must prove:
You attempted to apply force or violence to someone.
You acted willfully.
You had the present ability to carry out the act.
A reasonable person would see your actions as threatening.
Example: Swinging your fist at someone in a bar in Redding but missing could still be charged as assault.
What Is Simple Battery in California?
California Penal Code § 242 defines simple battery as:
“Any willful and unlawful use of force or violence upon the person of another.”
Unlike assault, battery involves physical contact—but it doesn’t have to cause injury. Even minimal, non-injurious contact that’s considered offensive can qualify as battery.
Elements of Simple Battery:
You touched another person.
The touching was willful and unlawful.
The contact was harmful or offensive.
Example: Shoving someone in a parking lot in Chico or slapping someone during an argument in Red Bluff could be considered battery.
Penalties for Assault and Battery in California
Both simple assault and simple battery are misdemeanors, but the consequences can still be significant.
Penalties for Simple Assault (PC 240):
Up to 6 months in county jail
Up to $1,000 in fines
Probation or community service
Penalties for Simple Battery (PC 242):
Up to 6 months in county jail
Up to $2,000 in fines
Probation or anger management classes
In certain situations—such as battery against a police officer or using a weapon—these charges can become “aggravated” and carry felony penalties.
Legal Defenses to Assault and Battery Charges
As an experienced North State defense attorney, I have successfully used the following defenses in cases across Northern California:
Self-defense or defense of others
Accidental contact or lack of intent
Mutual combat or consent
False accusations
No present ability to commit the act (for assault)
Each case is unique. A strong legal strategy begins with a close look at the facts, witness statements, and evidence.
Why Hire a North State Criminal Defense Attorney?
Don’t risk your freedom, your record, or your future. Misdemeanor charges may seem minor, but a conviction for assault or battery can:
Appear on background checks
Affect job opportunities
Impact child custody or immigration status
Lead to jail time and fines
At the Davis W. Hewitt Law Office, we focus on defending clients throughout Northern California against misdemeanor and felony charges. We help people throughout the North State, including the counties of Butte, Shasta, Tehama, Yuba and beyond.
Free Consultation With a Northern California Assault & Battery Lawyer
If you're facing simple assault or battery charges in Northern California, don’t wait to get legal advice. Call Davis W. Hewitt at (530)342-1005 or fill out our online contact form to schedule your free consultation.
We proudly defend clients in Redding, Chico, Oroville, Red Bluff, and surrounding areas. Let an experienced North State criminal defense attorney stand by your side and help you move forward.
