Battery, California Penal Code 242, involves using force or violence and is typically much more serious. A battery is a “wobbler” in certain cases, meaning it can be charged as a misdemeanor or felony. Assault, California Penal Code (PC) 240, involves causing fear or apprehension of imminent violence (whether attempted or threatened) and is typically a misdemeanor. Both an assault and battery have varying degrees of severity depending on the type. Simple assault and simple battery charges, for instance, are much less serious than aggravated assault and aggravated battery charges. If a person is greatly injured or you attack police or authorities it could increase a simple battery to felony battery. California measures severity by injury. Misdemeanor assault or battery is punishable by up to 6 months to 1 year in county jail and/or $1,000 fine. Felony battery or assault may be 2, 3, or 4 years in prison. Defense to an assault or battery accusation may be that you acted in self-defense. In addition to protecting yourself, you are allowed under the law to act in defense of another person. This person could be your friend, a family member, or even a stranger in the same situation. You may have believed your actions were necessary to avoid being hurt or killed. CA allows you to defend your property, including real estate and personal property like vehicles, jewelry, electronics, & money. Contact our lawyers to avoid jail & fines and help you get these charges dismissed or reduced.