Battery

California Laws of Assault and Battery

Assault

California Penal Code 240. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

California Penal Code 241. (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.

Battery

Penal Code 242 PC

California Penal Code 242. A battery is any willful and unlawful use of force or violence upon the person of another.

Battery takes place when one willfully and unlawfully use force or violence upon another. One can be convicted of battery even if she does not t harm or injure the other person, as long as you make some type of unwanted physical contact.

Please also see:
Penal Code 240 Assault,
Penal Code 245 (a) (1) Assault with a Deadly Weapon (ADW),
Penal Code 243 Battery on a Peace Officer,
Penal Code 243 (e) (1) Domestic Battery,
Penal Code 243.4 Sexual Battery, and Self-Defense.

245. (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.

(2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment.
(3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a .50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
(b) Any person who commits an assault upon the person of another with a semiautomatic firearm shall be punished by imprisonment in the state prison for three, six, or nine years.