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The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.
The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In California, assault is defined under the California Penal Code Section 240 as an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. This means that an individual can be charged with assault if they attempt to use force or violence against someone else, even if they do not actually succeed in making physical contact. The key elements are the intent and the capability to inflict harm at the moment of the assault. It's important to note that in California, assault (attempted battery) is distinct from battery (Penal Code Section 242), which is the actual use of force or violence against another. The penalties for assault can vary depending on the circumstances, such as whether a weapon was used or whether the assault was committed against a public servant, and can range from fines to imprisonment.