There is come confusion about why someone is being charged with battery instead of assault or vice versa. To make things more clear assault does not require physical contact with the victim, however battery does require physical contact. For there to be a battery, the prosecution must be able to prove that the defendant willfully touched or applied force to the victim.

Both assault and battery are considered misdemeanors. Both charges face probation, up to 6 months county jail time, fines, and a batterer’s program as punishment.

As your attorney we can discuss defenses that may apply to your matter, such as self-defense.

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