What is the difference between an assault and a battery?

In California, assault and battery are two closely related but different crimes. Assault is defined as an attempt to hurt someone physically, while battery is defined as actually causing the harm. Assault is a threat of violence or the ability to commit violence, while battery is the actual physical contact. For example, if someone raises their fist in a threatening manner, they are committing an assault, but if they follow through and punch someone, they are committing a battery. The two concepts are related and can be charged together in the same crime. Assault on its own does not require that a victim be touched and battery on its own does not require the use of physical force. However, when charged together, the prosecution must prove both: the threat of physical contact, and the actual contact itself. In California, the maximum sentence for an assault charge is six months in county jail and/or a fine of up to $1,000. The punishment for a battery conviction, however, can be more severe. Depending on the severity of the battery and other circumstances, a battery conviction can mean up to one year in jail and/or a fine of up to $2,000.

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What is the difference between an assault and a battery?

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