Assault vs Battery: What Is the Difference Under California Law?
Mission Personal Injury Lawyers | August 5, 2025 | Personal Injury
If someone harms you, the words “assault” and “battery” might come to mind. Although many people use them interchangeably, they are not the same under California law. Each has a different legal definition, and that distinction can make a difference in a personal injury claim.
Both assault and battery are considered intentional torts, meaning they are deliberate acts rather than accidents. Victims may be able to recover damages through a civil lawsuit for either offense. Understanding the difference can help you and your attorney decide how to approach your case.
How California Defines Assault
In a personal injury context, assault occurs when someone intentionally causes another to fear immediate harmful or offensive contact. No physical contact is required for assault. The key is that the person’s actions or threats create a reasonable belief that you are about to be harmed.
To prove civil assault in California, you generally need to show that the other person:
- Acted in a way intended to cause you fear of harmful or offensive contact
- Created a reasonable belief that the contact was imminent
- Had the apparent ability to carry out the threat
For example, if someone swings a baseball bat toward you and misses, you may still have an assault claim even if they never made contact.
How California Defines Battery
Battery is different because it involves actual physical contact. In California personal injury law, battery is the intentional and unlawful touching of another person in a harmful or offensive way.
To prove battery, you generally need to show that the other person:
- Intentionally made physical contact with you
- Did so without your consent
- Caused harm or offense through that contact
The contact does not have to cause a visible injury. Grabbing someone’s arm, shoving them, or throwing an object that hits them can all qualify as battery if done intentionally.
Why the Difference Can Have an Impact on Personal Injury Cases
The difference between assault and battery affects what you need to prove and the damages you may be entitled to. Assault claims often focus more on the emotional distress caused by the threat of harm, while battery claims can include compensation for physical injuries as well.
Overall, the available economic and non-economic damages in an assault or battery case may include:
- Medical expenses (current and future)
- Lost wages if you missed work
- Pain and suffering
- Emotional distress
- Costs for therapy or counseling
In some cases, punitive damages may also be awarded if the defendant’s actions were especially malicious.
Proving Your Assault and Battery Injury Case
Evidence is key in assault and battery claims. This can include things like medical records, photographs of injuries, witness statements, and surveillance footage. Your attorney can also gather police reports or prior complaints against the defendant if they exist.
The legal standard for a civil case is lower than for a criminal case, meaning you do not have to prove guilt beyond a reasonable doubt. Instead, you must show that it is more likely than not that the assault or battery occurred (by a preponderance of the evidence).
Contact a San Diego Personal Injury Lawyer at Mission Personal Injury Lawyers for a Free Consultation
If you have been the victim of assault or battery, you have the right to seek compensation for your injuries and losses. An experienced San Diego personal injury lawyer can evaluate the facts of your case and help you pursue damages via a civil lawsuit.
The sooner you get legal help, the stronger your case will be. Contact us today to schedule a free consultation with a San personal injury attorney.
If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.
We proudly serve San Diego County and throughout California.
Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555
Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032
We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.
Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000
