Assault and battery exists in both the tort law context and the criminal law context. ... In an act of physical violence, assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing the physical harm.

How is someone charged with assault and battery?

Although assault charges can be assessed when only the attempt, intention, or threat of harming another is present, battery charges make the crime of assault a more serious one. Battery refers to the actual act of physically harming someone.

How serious is assault and battery?

Assault and battery charges can be misdemeanor or felony charges. They may result in jail time, heavy fines, as well as a criminal record. Under California Penal Code 240, simple assault is a misdemeanor, but can still result in up to six months in jail.