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California criminal defense attorney Michael Becker explains that assault and battery are two different crimes, and he explains the difference between the two crimes. More info at https://www.shouselaw.com/ca/blog/ass... or call (855) 999-7755 for a free consultation. The crimes of assault and battery are often misunderstood by the general public to mean the same thing. In reality the law under California penal code 240 PC and 242 PC describes two completely separate crimes. In short, a battery is a willful unlawful use of force or violence. This could be a punch, a shove, or even spitting on someone. Whereas assault is an action that does not involve physical contact, but is an attempt to cause physical harm or violence. This could be an attempted battery, such as trying to punch or slap someone but missing. And if you try to spit on someone, but miss, that would be assault as well. When Will Smith slapped Chris Rock at the Oscars in March of 2022 he committed battery, because he made physical contact with Chris Rock. But if Chris Rock had ducked, and Will Smith had missed the slap, then Will Smith would have committed the crime of assault, because his hand would not have made physical contact with Chris Rock's body. While both assault and battery are serious crimes under California law, there are some possible defenses that a skilled and experienced criminal defense lawyer can use to fight charges against their client. If the assault or battery happened in lawful self-defense or yourself or others, then it is not considered a crime. If you had no malicious intent to commit a crime, and didn't mean to hit the other person (maybe you were simply trying to swat a fly and missed) then you have not committed the crime of assault or battery. Or maybe the alleged victim falsely accused you, and is mistaken or lying. And lastly if the other person consented to the assault or battery, such as a boxing match, mixed martial arts sparring, or other consented rough behavior, then that is also a defense to this crime. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.