Your Assault and Battery Defense Lawyers
Assault is defined in Penal Code §240 as the attempt to inflict a violent injury upon another person with the apparent ability to do so. There is no requirement that you intend to inflict an injury or that you actually make physical contact with the other person. Assault is only an attempt to inflict violent injury.
Penal Code §240 defines battery as the actual infliction of violent force upon another person, with or without injury. There is no requirement that you actually injure the other person; only that you inflict physical force. Remember, a battery is the actual infliction of violent force upon another person with or without injury. Just making physical contact is enough to commit a battery, as long as the force applied is not accidental. The force applied must be violent, rude or offensive.
|Penal Code § 245(a)(1)||Assault with a Deadly Weapon (non-firearm)|
|Penal Code section 245(a)(2)||Assault with a Firearm|
|Penal Code section 245(a)(3)||Assault with a Machine Gun|
|Penal Code section 245 (a)(4)||Assault with force likely to produce great bodily injury|