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The Gammill Law team will work tirelessly to defend you from battery charges.  From the pre-filing stage of interacting with law enforcement through the criminal justice system through trial the experienced team of lawyers at Gammill Law will be with you ever step of the way.  Fighting at every turn to ensure you and your loved ones the best possible outcome.  Contact Gammill Law criminal defense team now so we can start to fight for you.

The Difference Between Battery and Assault

“Assault and battery” is a common term that applies to a wide range of offenses including misdemeanors and felonies.  Although commonly refered to together “Assault” and “Battery” are actually two seperate offenses.

Battery is when the perpetrator willingly makes contact with the victim. Assault, on the other hand, is usually described as an attempt to commit battery and does not require actual touching of the alleged victim.

In other words, to prosecute for battery requires physical contact definitely occurred. To prosecute assault, the District Attorney only needs to prove that the perpetrator attempted to harm the victim.

In many cases, prosecutors  will file both charges for the same conduct.  It is important to understand they are separate offenses which require unique proof and have separate possible punishments.


In California, battery charges generally fall into either Penal Code 242 PC as a Misdemeanor or Penal Code 243(d) PC as a Felony. Differentiating between the two can be a complex matter, but your battery defense lawyer will be there to answer all your questions and guide you every step of the way.

Misdemeanor “Battery” – Any unwanted, intentional contact can be considered simple battery.  Injury or pain is not required to be found guilty of a simple battery.

Felony “Battery Causing Serious Bodily Injury” on the other hand occurs when the victim receives “a significant or substantial physical injury.”

Get in Touch for Exceptional Legal Representation

Gammill Law is ready to provide you with a battery lawyer with a proven track record for success. During this difficult time, it is imperative that you have legal representation you can trust and rely on. As former prosecutors we have the first-hand experience and expertise needed to ensure that you receive aggresive defense. Contact us now so we can start on your case immediately.

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