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What do you mean by assault?


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David Nunes
Answered 2020-01-21 06:59:21

According to the California Penal Code 240 "An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another."

Battery would be the act of inflicting injury, no matter how slight, which is why "Assault and Battery" often go together, but are techinically they are separate crimes. Attempting to use unlawful force to inflict injury, for instance attempting to punch someone, would be assault. Actually punching someone is battery.

Simple assault would be an unlawful, but generally a less serious, attempt to injure another person e.g. shoving, throwing objects, punching etc. Aggravated assault usually involves an intent to cause serious bodily injury or death, often indicated by use of a weapon, or a great deal of force.

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