Side by side
| Assault (§240) | Battery (§242) | |
|---|---|---|
| Contact required | No | Yes — any harmful or offensive touching |
| Injury required | No | No; injury raises the level |
| Base level | Misdemeanor | Misdemeanor |
| Base exposure | Up to 6 months, fine up to $1,000 | Up to 6 months, fine up to $2,000 |
| Aggravated version | §245 assault with a deadly weapon or force likely to produce GBI — wobbler | §243(d) battery with serious bodily injury — wobbler |
The touching in a battery does not have to hurt. Spitting on someone, shoving, or grabbing a shirt qualifies. That surprises people more than any other rule in this area.
Where it gets serious
- §245(a)(1) assault with a deadly weapon: a wobbler, with felony exposure of two, three, or four years.
- §245(a)(4) force likely to produce great bodily injury: same wobbler structure.
- §243(d) battery causing serious bodily injury: wobbler, felony exposure two, three, or four years.
- Battery on a peace officer, firefighter, or emergency personnel: elevated penalties.
- Domestic context moves the case to §243(e)(1) or §273.5 — see how long you can go to jail for domestic violence.
How the distinction changes bail
Bail comes off the county schedule for the charge actually booked, under Penal Code §1269b. A simple assault or battery misdemeanor is a low scheduled amount and often a citation release. A §245 felony is a different order of magnitude — commonly $30,000–$50,000 in Los Angeles County and higher with a weapon or great bodily injury allegation. Our assault and battery bail bonds page walks the numbers.