Understanding the Difference Between Assault and Battery in California

According to CDL, assault and battery are distinct offenses. Battery involves the intentional and unlawful use of force or violence against another person. Assault is defined as an attempted battery, which is an unlawful attempt, coupled with the ability, to inflict violent injury on another [1].

Definitions and Circumstances Affecting Penalties

Certain factors can lead to harsher charges and penalties for assault and battery, including:

Assault or battery against a “protected victim”: This includes police officers, first responders, school employees, service members, highway workers, transportation providers, jurors, and specific government and healthcare workers. For battery, protected victims also include elderly or dependent adults, sports officials, and family or household members.
Assault or battery with a weapon: Weapons can range from stun guns and Tasers to deadly weapons like knives, metal knuckles, billy clubs, and firearms. Everyday objects, such as a butter knife or baseball bat, can be considered weapons if used to harm someone (Cal. Penal Code §§ 16430, 16520, 16780 (2024)).
Assault likely to cause great bodily injury: Aggravated assault occurs when force used could result in “great bodily injury,” defined as significant or substantial physical injury. The jury determines the severity of the force (Cal. Penal Code § 12022.7 (2024); People v. Cross, 190 P.3d 706 (2008)).
Battery resulting in injury: A battery causing injury or serious bodily injury usually results in harsher penalties. An “injury” requires medical treatment, while “serious bodily injuries” involve significant physical impairment, such as wounds needing stitches, fractures, concussions, severe sprains, or serious disfigurement (Cal. Penal Code §§ 240, 242, 243 (2024)).

What Constitutes an Assault in California?

Assault is an attempted battery. For a conviction, a prosecutor must prove the defendant committed an act (that amounts to more than preparation), intended that act to result in a battery, and had the immediate ability to inflict harm. Threats of future harm won’t be enough. But if a person threatens immediate harm, even if they don’t intend to go through with it, those threats can be charged as assault.

Examples of assault include:

Walking up to someone while pounding a fist into your palm.
Throwing a glass bottle at someone and missing, as long as the intended victim was within striking distance.
Making a motion like winding up to throw an object.
Pointing a loaded firearm or threatening to use a weapon against someone.

Can You Sue for Being Hit in California?

According to Chain Law, if someone hits you in California, you may be entitled to recover civil damages. However, eligibility depends on the context of the altercation and your response. Knowing the laws surrounding assault in California is crucial to ensuring you receive any benefits you’re entitled to if you’ve been injured [2].

Building a Strong Case
To successfully recover damages, you’ll need a well-developed lawsuit supported by strong evidence. Follow the steps of a personal injury lawsuit carefully for the best outcome.

When Are You Not Allowed to Sue?
Determining your eligibility to sue someone for hitting you is straightforward. If you were the aggressor and hit them first, you cannot file a lawsuit, regardless of provocation. Unless you can prove that the other person’s words or actions implied immediate harm and you were acting in self-defense, you have no legal grounds to hit someone for their words.

Even if you strike first and they hit you back in self-defense, you cannot press charges. Additionally, you cannot recover damages if you retaliate with excessive force. For example, if someone punches you and you escalate the altercation beyond self-defense, such as using a weapon, you lose your right to file a personal injury claim and could face legal trouble yourself.

Understanding Self-Defense

Self-defense laws are often misunderstood. To claim self-defense, two conditions must be met:

You must reasonably believe you are under immediate threat of injury.
You must use only reasonable and proportionate force to deter the threat.

Proving reasonable belief can be challenging, especially if the other person is intimidating. Words alone typically do not constitute an imminent threat. If you hit first, you remain the liable aggressor, even if provoked by threats or “fighting words.”

If the other person encourages a fight, such as saying “let’s go fight outside,” it might be considered a consensual fight. While this could protect you from charges, it also prevents you from pressing charges against the other person. However, exceeding the reasonable actions of a consensual fight or failing to prove mutual consent can still expose you to assault charges.

In genuine self-defense, you must use proportionate force. For example, if someone punches you, you can punch back to stop them. You cannot claim self-defense if you use a weapon or pursue them after they flee, even if they hit you first.

Acting in self-defense is meant to prevent further harm, not cause it. If you are attacked and act in true self-defense, you can likely still recover damages from an assault charge. If you go beyond the limits of self-defense, you will not be able to pursue damages and may even be sued by the other party.

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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://www.criminaldefenselawyer.com/resources/criminal-defense/violent-crime/california-assault-battery-laws
2. https://www.chainlaw.com/can-you-sue-someone-for-hitting-you/

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