California Assault & Battery Charges
In California, assault (Penal Code § 240) is an unlawful attempt with present ability to injure — no contact required — while battery (§ 242) is any willful, unlawful use of force on another. Simple battery is a misdemeanor (§ 243); domestic battery under § 243(e)(1) carries enhanced consequences. Assault with a deadly weapon (§ 245(a)(1)) is a wobbler — confirm current fine and jail figures.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and California’s fine and jail figures are amendment-prone — confirm the current numbers against the statute and talk to a California attorney.
In California, assault and battery are separate offenses — and the difference comes down to contact.
Assault vs. battery
Assault (Penal Code § 240) is an unlawful attempt, coupled with a present ability, to commit a violent injury on another — no contact is required.
Battery (Penal Code § 242) is any willful and unlawful use of force or violence upon another — completed contact. You can commit an assault without a battery, and the two are often charged together.
How battery is punished
Under Penal Code § 243, simple battery is a misdemeanor. Section 243(e)(1) covers domestic battery — force against a spouse, cohabitant, fiancé(e), dating partner, or co-parent — with enhanced consequences, including a batterer’s program if probation is granted.
Assault with a deadly weapon
Assault with a deadly weapon (Penal Code § 245(a)(1)) is a “wobbler” — it can be charged as either a felony or a misdemeanor. Because specific fine and jail figures change, confirm the current statute rather than relying on figures you read elsewhere.
For the bigger picture, see the criminal process or the criminal defense hub. To get matched with a local California attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What's the difference between assault and battery in California?
- Assault (Penal Code § 240) is an unlawful attempt, coupled with a present ability, to commit a violent injury on another — no contact is required. Battery (§ 242) is any willful and unlawful use of force or violence upon another — completed contact.
- What is domestic battery in California?
- Under Penal Code § 243(e)(1), domestic battery covers force against a spouse, cohabitant, fiancé(e), dating partner, or co-parent, with enhanced consequences including a batterer's program when granted probation.
- Is assault with a deadly weapon a felony in California?
- Assault with a deadly weapon (Penal Code § 245(a)(1)) is a 'wobbler' — it can be charged as either a felony or a misdemeanor. Confirm the current fine and jail figures against the statute.
Sources
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