Assault: The unlawful attempt to violently injure another person.

Battery: The unwanted touching or striking of another person, or anything connected to that person.

Some common types of Assault and Battery:

• Assault (simple assault): An unlawful attempt, coupled with present ability to commit a violent injury upon another person.  Only charged as a misdemeanor which limits any time behind bars to local jails.  California Penal Code § 240-241.8

• Assault on an Officer: An unlawful attempt to commit a violent injury upon a police office, firefighter, EMT, code enforcement officer, custodial officer, etc., and the person committing the offense knows, or reasonably should know, that such victim is such an officer engaged in the performance of his/her duties.  Depending on the person that is assaulted, it can be charged as a misdemeanor or a felony.  California Penal Code § 240-241.8

• Assault with a Deadly Weapon (“ADW”): Committing an assault upon the person of another with a deadly weapon or by any means of force likely to produce great bodily injury (“GBI”).  This crime is a wobbler and it has a maximum state prison time of four years.  However, if the assault is done with semiautomatic firearm, the maximum term in state prison is nine years; and if it is done with a machine gun, the maximum term is 12 years in state prison.  A felony conviction for this offense may be considered a “Strike” under California’s Three Strikes Law.  Use of a car as a deadly weapon could mean lifetime revocation of your California Driver’s License.  California Penal Code § 245 – 245.5

• Battery (simple battery): The willful and unlawful use of force or violence against another person.  Only charged as a misdemeanor which limits an time behind bars to local jails.  California Penal Code § 242-244.5

• Battery on an Officer: The willful and unlawful use of force or violence against a police office, firefighter, EMT, code enforcement officer, custodial officer, etc. and the person committing the offense knows, or reasonably should know, that such victim is such an officer engaged in the performance of his/her duties.  Depending on the person that is battered, it can be charged as a misdemeanor or a felony.  California Penal Code § 242-244.5

• Domestic Battery: See Domestic Violence

• Mayhem: Disabling or disfiguring a victim’s body part, such a gouging an eye, cutting off a finger or slashing someone’s face.  A felony that is punishable by 2, 4, or 8 years in state prison.  Aggravated Mayhem is punishable by life in state prison with the possibly of parole.   California Penal Code § 203-205

• Sexual Battery: The touching of an intimate part of another person while that person is unlawfully restrained by the accused, or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.  This crime is a wobbler and it has a maximum state prison time of four years.  However, a conviction for this crime will make you become a registered sex offender for life.   California Penal Code § 243.4

• Torture: Causing cruel or extreme pain or suffering by inflicting great bodily injury for the purpose of revenge, extortion, persuasion, or for any sadistic purpose.  A felony that is punishable by life in state prison without the possibly of parole.   California Penal Code § 206-206.1