Assault Overview – Penal Code Section 240

Many people get confused when discussing assault vs. battery. Without the help of an experienced Southern California assault attorney, you might not be able to understand the charges you are up against and the potential punishments for assault.

Assault vs. Battery

Battery (PC 243) is defined as the willful use of force or violence against another person. Any physical contact of any kind which the other person has not consented can be construed as battery.
Assault (PC 240) on the other hand is simply an attempt to commit battery.

Assault Defenses

There are several defenses that an assault attorney can present when arguing an assault charge. Follow the link for a more detailed look at the various defenses for assault. Self-defense is a common argument used by criminal defense attorneys when contesting an assault charge. Also, often times when reviewing the facts of the case, an assault attorney will determine that the situation was really a case of mutual combat.

Sometimes contact between two people is accidental, which is another strong defense against an assault charge. There are several defenses that can be raised after investigating the true facts of a case. For example:
• Did the “victim” provoke you in any way?
• Were you trying in any way to protect yourself or someone else?
• Could your “touching” have been in any way accidental?
• Did you truly have the ability to use physical force on someone at the time of the incident?

An assault charge can carry some severe consequences. It can even be charged as a felony and count as a strike in California’s three strike law. That is why it is imperative to hire an experienced Southern California assault attorney, like the attorneys at Wallin & Klarich to help you fight your case. Call 1-888-749-0034 for a free consultation today.