Under the state law of California, assault is defined as an attempt to cause serious bodily harm to another individual. Assault and battery are two different criminal charges. If an offender threatens the victim (with full intent to commit harm even without any physical contact) then it will be considered as an assault charge. Battery is a criminal offense that causes bodily harm to a victim.<\/p>\n
In a common assault, some elements must be proven to prosecute the defendant. These include:<\/p>\n
–\u00a0 \u00a0 Application of force<\/strong><\/p>\n You may be charged with assault if there is any offensive physical contact with the victim. It need not be sexual. Any harmful touching by the supposed perpetrator even if it does not involve any serious wounding or another kind of injury, may be considered as assault under relevant statutes in California.<\/p>\n –\u00a0 \u00a0 Acting willfully or intentionally<\/strong><\/p>\n This is also an important factor to be considered. In order to prosecute the accused, the assailant acted willfully or intentionally. Even with no actual intention of breaking the law, of inflicting bodily harm, or of gaining benefit from assaulting, the fact that the act was intentionally committed can be used by the prosecuted.<\/p>\n<\/span>What are the punishments if you have been charged with assault?<\/i><\/span><\/h2>