An assault is an unlawful attempt, combined with the present ability to do violent injury on the person of another. 

A battery is the willful and unlawful use of force on another person.  A battery is a completed assault.  Stated another way, an assault is an attempted battery. 

A simple battery or a simple assault is a misdemeanor, punishable by a fine and up to six months in county jail. 

However, there are numerous statutes that deal with specific types of assault and battery, such as assault with a deadly weapon, assault with a firearm, assault at a specific location (such as a park or school), or assault on a specific person (such as a spouse, cohabitant or a peace officer). 

Most of these statutes are “wobblers”.  This means that they can be charged as either a felony or a misdemeanor.  Felonies always carry potential prison sentences, but can be subject to grants of probation in the interests of justice.

There are a number of defense available to these charges, including but not limited to self defense, defense of others, unloaded gun and others. 

Attorney Paul Tyler has handled every time of assault and battery case in his career.  Each case is different. To learn more, please call Paul Tyler at (805) 889-9000.  He will answer your call personally...you will not be required to go through a secretary, paralegal or associate attorney.  Call for a free consultation.