Penal Code 242 is California’s battery statute: any willful and unlawful touching of another person. Penal Code 240 is assault — an attempt to commit a violent injury, with no contact required.
Both are misdemeanors, and many incidents are charged as both. A first offense is frequently resolvable without a conviction.
What PC 240 and PC 242 Say
PC 240 defines assault as an attempt to commit a violent injury on another person — the attempt is enough; no one has to be touched. PC 242 defines battery as any willful and unlawful touching — it does not need to cause injury or leave a mark. Battery on a peace officer is charged separately under PC 243(b).
Assault vs. Battery
Assault is the attempt; battery is the completed touching. A swing that misses is assault; the same swing that connects is battery. Because the line between them is thin, prosecutors often charge both from a single incident.
Penalties
Simple assault (PC 240) is a misdemeanor carrying up to six months in county jail and a $1,000 fine. Simple battery (PC 242) is a misdemeanor carrying up to six months and a $2,000 fine. Battery on a peace officer (PC 243(b)) is a misdemeanor carrying up to one year.
The PC 245(a)(4) Wobbler
The charge to watch is PC 245(a)(4) — assault with force likely to produce great bodily injury. It is a wobbler: the District Attorney reviews the same facts and decides whether to file it as a misdemeanor (up to one year) or a felony (up to four years in state prison). Pre-filing advocacy — letters, mitigation packets, and direct negotiation with the filing deputy — aims to keep it a misdemeanor, or knock it down to PC 240 or 242, before charges are filed. If it is filed as a felony, a motion to reduce under PC 17(b) can move it back to misdemeanor court and restore diversion eligibility.
Defenses and Ways It Ends Without a Conviction
- Self-defense. If you reasonably believed you were in danger, you had the right to defend yourself, and California law does not require you to retreat first. The force must be proportional, and the prosecution carries the burden of proving it was not justified.
- Defense of others. Stepping in to protect a friend, a stranger, or a family member is lawful — bystanders often become defendants because they intervened.
- No willful touching. PC 242 requires a willful touching. Accidents are not battery, and reflex is not willful conduct.
- Mutual combat. Two people who voluntarily fight raise complex prosecution problems that can collapse the narrative.
- Judicial diversion (PC 1001.95) and mental health diversion (PC 1001.36) — both end in dismissal for eligible simple assault and battery cases. See our assault and battery defense page.
Frequently Asked Questions
What is the difference between assault and battery in California?
Assault (PC 240) is an attempt to commit a violent injury on another person — no contact is required. Battery (PC 242) is the actual willful and unlawful touching, which does not need to cause injury or leave a mark. Many incidents are charged as both.
Is battery a felony or a misdemeanor?
Simple battery (PC 242) is a misdemeanor carrying up to six months in county jail and a $2,000 fine, and simple assault (PC 240) is a misdemeanor carrying up to six months and a $1,000 fine. Assault with force likely to produce great bodily injury (PC 245(a)(4)) is a wobbler the District Attorney can file as a misdemeanor or a felony.
Is self-defense a defense to a battery charge?
Yes. If you reasonably believed you were in danger, you had the right to defend yourself, and California law does not require you to retreat first. The force must be proportional, and the prosecution carries the burden of proving it was not justified. Defending another person is lawful for the same reasons.
Can an assault or battery charge be dismissed?
Often. Simple assault and battery — PC 240, 242, and 243(a) — are strong candidates for judicial misdemeanor diversion under PC 1001.95, which ends in dismissal with no guilty plea. Mental health diversion under PC 1001.36 is another route where a qualifying condition contributed to the offense.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com