If you make a threatening action toward another person, you could be charged with assault. If you actually put your hands on another person, there is a chance that you could be charged with battery. Take a closer look at what constitutes assault and battery in the state of California and most other jurisdictions.
What to know about assault
In some cases, assault is defined as attempted battery; there is no need to actually touch another person to face such a charge. It could involve things like threatening actions or attempted acts of violence. As a note, spoken words, on their own, are generally not enough to constitute assault.
What to know about battery
To be convicted of a battery charge, it must be shown that you intentionally touched someone without his or her consent. Furthermore, it must be shown that the touching was intentionally harmful or otherwise offensive to the victim. For example, accidentally bumping into someone while looking at your phone wouldn’t be considered battery since you didn’t intend to make contact with that person.
It is important to note that you can be charged with battery even if you didn’t necessarily intend to harm the victim. It is also important to note that a victim doesn’t have to incur injuries to be a battery victim. Typically, whether contact is seen as offensive or not is based on what a reasonable person would consider to be appropriate.
Making threatening actions or engaging in violence in an effort to cover up white collar crimes or for any other reason could result in assault or battery charges. An attorney might be able to help you get the case thrown out or take steps to negotiate a favorable plea bargain in your case.