Assault And Battery
Penal Code 240 — the attempt, the touching, and a deadly weapon
| The offense | What it is | The ordinary punishment |
|---|---|---|
| The offenseAssault | What it isAn unlawful attempt, coupled with a present ability, to commit a violent injury on another person | The ordinary punishmentA fine of up to $1,000, up to six months in county jail, or both |
| The offenseBattery | What it isAny willful and unlawful use of force or violence on another person | The ordinary punishmentA fine of up to $2,000, up to six months in county jail, or both |
An assault needs no touching, and a battery needs no injury. The assault section is satisfied by the attempt with the present ability to carry it out. The battery section is satisfied by any willful and unlawful use of force or violence on the person.
An assault with a deadly weapon or instrument other than a firearm, or by any means of force likely to produce great bodily injury, is punishable by two, three or four years in state prison, up to one year in county jail, a fine of up to $10,000, or both.
The sections carry higher punishments where the person harmed is a peace officer, firefighter or another person they list, and battery against a spouse has its own terms; none of those are set out here.
Sources for this section (5)
- Penal Code 240 — What an assault is
- Penal Code 242 — What a battery is
- Penal Code 245 — Assault with a deadly weapon or force likely to produce great bodily injury
- Penal Code 241 — Punishment for assault
- Penal Code 243 — Punishment for battery
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.