California
California Assault and Battery Laws: Charges and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 30 primary sources cited on this page. How we verify our legal content
California treats assault and battery as two separate crimes. Penal Code 240 defines an assault as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another," and Penal Code 242 defines a battery as "any willful and unlawful use of force or violence upon the person of another." Both are misdemeanors in their basic form, but a deadly weapon, force likely to produce great bodily injury, a serious injury, an intimate-partner victim or a protected victim such as a peace officer can move the charge to a felony or to an offense the court may punish either way. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers California criminal statutes on assault and battery in Penal Code Title 8, Chapter 9, the related domestic-violence and elder-abuse sections (273.5 and 368), the great-bodily-injury definition in Penal Code 12022.7 and the civil filing period in Code of Civil Procedure 335.1. It does not cover self-defense and justification (see California self-defense laws), protective orders (see California restraining order laws), sexual offenses, federal assault crimes (see the hub) or city and county ordinances.
Assault vs. battery in California
California keeps the two offenses apart, and both definitions come from the original 1872 Penal Code. The assault statute focuses on an attempt:
"An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." (Cal. Penal Code 240)
The battery statute covers the completed act:
"A battery is any willful and unlawful use of force or violence upon the person of another." (Cal. Penal Code 242)
The assault definition turns on an attempt plus a present ability; its words do not require that anyone is touched or hurt. Battery is the willful and unlawful use of force or violence itself. The two crimes also carry different fine ceilings: up to $1,000 for simple assault under Penal Code 241(a) and up to $2,000 for simple battery under Penal Code 243(a).
Is assault a felony in California?
Simple assault and simple battery are misdemeanors. The charge reaches felony territory, or becomes an offense the court may punish either by state prison or Penal Code 1170(h) imprisonment or by county jail, when the statute adds an aggravating element:
- A deadly weapon or force likely to produce great bodily injury. Penal Code 245(a)(1) and (a)(4) allow two, three or four years in state prison, up to one year in county jail, a fine of up to $10,000, or both.
- A firearm. Penal Code 245(a)(2) allows two, three or four years in state prison, or county jail for not less than six months and up to one year.
- A semiautomatic firearm. Penal Code 245(b) carries three, six or nine years in state prison.
- A machinegun, assault weapon or .50 BMG rifle. Penal Code 245(a)(3) carries 4, 8 or 12 years in state prison, with no county jail alternative in its text.
- Serious bodily injury from a battery. Penal Code 243(d) allows up to one year in county jail or two, three or four years under Penal Code 1170(h).
- Corporal injury to a partner. Penal Code 273.5(a) states that the offender "is guilty of a felony," although the same subdivision also lists county jail and fine alternatives.
- Throwing acid or a flammable substance. Penal Code 244 carries two, three or four years in state prison.
Several of these offenses are punishable, in the court's discretion, either by state prison or Penal Code 1170(h) imprisonment, or by a fine or county jail. Penal Code 17(b) addresses a crime that is "punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail." These either-way crimes are commonly called wobblers, and Penal Code 17(b) governs how they are classified.
California assault and battery offenses and penalties
| Offense | Statute | What it covers | Class | Statutory penalty |
|---|---|---|---|---|
| Simple assault | Penal Code 240, 241(a) | An unlawful attempt, with a present ability, to commit a violent injury on another person | Misdemeanor | Up to 6 months in county jail, a fine up to $1,000, or both |
| Simple battery | Penal Code 242, 243(a) | Willful and unlawful use of force or violence on another person | Misdemeanor | Up to 6 months in county jail, a fine up to $2,000, or both |
| Battery with serious bodily injury | Penal Code 243(d) | A battery against any person that inflicts serious bodily injury | Either way | Up to 1 year in county jail, or 2, 3 or 4 years under Penal Code 1170(h) |
| Domestic battery | Penal Code 243(e)(1) | A battery against a spouse, cohabitant, former spouse, fiance or fiancee, the parent of the defendant's child, or a current or former dating or engagement partner | Misdemeanor | Up to 1 year in county jail, a fine up to $2,000, or both |
| Assault with a deadly weapon (not a firearm) | Penal Code 245(a)(1) | Assault with a deadly weapon or instrument other than a firearm | Either way | 2, 3 or 4 years in state prison, or up to 1 year in county jail, or a fine up to $10,000, or both |
| Assault by force likely to produce great bodily injury | Penal Code 245(a)(4) | Assault by any means of force likely to produce great bodily injury | Either way | Same as 245(a)(1) |
| Assault with a firearm | Penal Code 245(a)(2) | Assault with a firearm | Either way | 2, 3 or 4 years in state prison, or county jail from 6 months up to 1 year, or both a fine up to $10,000 and imprisonment |
| Assault with a semiautomatic firearm | Penal Code 245(b) | Assault with a semiautomatic firearm | Felony | 3, 6 or 9 years in state prison |
| Assault with a machinegun, assault weapon or .50 BMG rifle | Penal Code 245(a)(3) | Assault with one of those weapons as defined in the Penal Code | Felony | 4, 8 or 12 years in state prison |
| Assault with a stun gun or less lethal weapon | Penal Code 244.5(b) | Assault with a stun gun or a less lethal weapon as defined in Penal Code 16780 | Either way | Up to 1 year in county jail, or 16 months, 2 or 3 years under Penal Code 1170(h) |
| Throwing acid or a flammable substance | Penal Code 244 | Willfully and maliciously placing or throwing a corrosive acid, flammable substance or caustic chemical on another person with intent to injure the flesh or disfigure the body | Felony | 2, 3 or 4 years in state prison |
| Corporal injury to a partner | Penal Code 273.5(a) | Willfully inflicting corporal injury resulting in a traumatic condition on a victim listed in subdivision (b) | Felony by statute, with jail and fine alternatives | 2, 3 or 4 years in state prison, or up to 1 year in county jail, or a fine up to $6,000, or both |
Each California assault and battery section states its own punishment, as the table shows. Where a misdemeanor statute prescribes no different punishment, Penal Code 19 supplies the default: "imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both." The figures above are the statutory limits and terms set by each section; they are not a prediction of the sentence in any particular case.
Definitions that decide the grade
Serious bodily injury. Battery becomes a Penal Code 243(d) offense when serious bodily injury is inflicted. Penal Code 243(f)(4) defines it:
"'Serious bodily injury' means a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; a wound requiring extensive suturing; and serious disfigurement."
Great bodily injury. Penal Code 245(a)(4) punishes an assault "by any means of force likely to produce great bodily injury." Penal Code 12022.7, the great-bodily-injury enhancement section, provides: "As used in this section, 'great bodily injury' means a significant or substantial physical injury." That definition is written for section 12022.7.
Traumatic condition. The felony partner-injury offense in Penal Code 273.5 requires a traumatic condition, defined in subdivision (d) as "a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force." The same subdivision provides that "strangulation" and "suffocation" include "impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck."
Assaulting a police officer, nurse, teacher or other protected person
California raises the penalty when the victim belongs to a listed group, and many of these sections also require that the accused knows or reasonably should know the victim's status. Penal Code 241(c) covers assault on:
"a peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department"
That assault "is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both." Penal Code 241(d)(11) and 243(f)(15) each define a health care worker as "a person who, in the course and scope of employment, performs duties directly associated with the care and treatment rendered by the hospital's emergency department or the department's security."
| Protected person or place | Offense | Statute | Statutory penalty |
|---|---|---|---|
| Parking control officer | Assault | Penal Code 241(b) | Fine up to $2,000, up to 6 months in county jail, or both |
| Peace officer, firefighter, EMT, lifeguard, emergency department worker and the others listed in 241(c) | Assault | Penal Code 241(c) | Fine up to $2,000, up to 1 year in county jail, or both |
| Peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, search and rescue member, nonsworn probation employee, emergency physician or nurse, emergency department health care worker | Battery | Penal Code 243(b) | Fine up to $2,000, up to 1 year in county jail, or both |
| Listed victims including custodial officers, firefighters, EMTs, lifeguards, process servers, traffic officers, animal control officers, nonsworn probation employees and emergency physicians or nurses, when injury is inflicted | Battery with injury | Penal Code 243(c)(1) | Fine up to $2,000, up to 1 year in county jail, or both, or 16 months, 2 or 3 years under Penal Code 1170(h) |
| Peace officer, when injury is inflicted | Battery with injury | Penal Code 243(c)(2) | Fine up to $10,000, up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code 1170(h), or both |
| Custodial officer | Assault | Penal Code 241.1 | Up to 1 year in county jail or imprisonment under Penal Code 1170(h) |
| Custodial officer | Battery | Penal Code 243.1 | Imprisonment under Penal Code 1170(h) |
| Peace officer or firefighter | Assault with a deadly weapon (not a firearm) or by means likely to produce great bodily injury | Penal Code 245(c) | 3, 4 or 5 years in state prison |
| Peace officer or firefighter | Assault with a firearm | Penal Code 245(d)(1) | 4, 6 or 8 years in state prison |
| Peace officer or firefighter | Assault with a semiautomatic firearm | Penal Code 245(d)(2) | 5, 7 or 9 years in state prison |
| Peace officer or firefighter | Assault with a machinegun, assault weapon or .50 BMG rifle | Penal Code 245(d)(3) | 6, 9 or 12 years in state prison |
| Custodial officer | Assault with a deadly weapon or by means likely to produce great bodily injury | Penal Code 245.3 | 3, 4 or 5 years in state prison |
| School employee | Battery | Penal Code 243.6 | Up to 1 year in county jail, a fine up to $2,000, or both; with injury, also 16 months, 2 or 3 years under Penal Code 1170(h) |
| School employee | Assault with a deadly weapon (not a firearm) or by means likely to produce great bodily injury | Penal Code 245.5(a) | 3, 4 or 5 years in state prison, or up to 1 year in county jail |
| School employee | Assault with a firearm | Penal Code 245.5(b) | 4, 6 or 8 years in state prison, or county jail from 6 months up to 1 year |
| School employee | Assault with a stun gun or taser | Penal Code 245.5(c) | Up to 1 year in county jail, or 2, 3 or 4 years in state prison |
| Transit operator, driver, passenger, ticket agent, or public transportation provider employee or contractor | Battery | Penal Code 243.3 | Fine up to $10,000, up to 1 year in county jail, or both; with injury, also 16 months, 2 or 3 years in state prison |
| Transit operator, driver, passenger or ticket agent | Assault with a deadly weapon or by means likely to produce great bodily injury | Penal Code 245.2 | 3, 4 or 5 years in state prison |
| Any person on the property or in a motor vehicle of a public transportation provider | Battery | Penal Code 243.35(a) | Fine up to $2,000, up to 1 year in county jail, or both |
| Highway worker | Battery | Penal Code 243.65(a) | Fine up to $2,000, up to 1 year in county jail, or both |
| Sports official, immediately before, during or after an organized athletic contest | Battery | Penal Code 243.8(a) | Fine up to $2,000, up to 1 year in county jail, or both |
| Sworn juror or alternate juror, battery by a party to the action | Battery | Penal Code 243.7 | Fine up to $5,000, up to 1 year in county jail, or both, or 16 months, 2 or 3 years in state prison |
| Any person on school property, park property or the grounds of a public or private hospital | Battery | Penal Code 243.2(a)(1) | Fine up to $2,000, up to 1 year in county jail, or both |
| Peace officer or detention facility employee, gassing by a person confined in a local detention facility | Aggravated battery | Penal Code 243.9(a) | County jail, or 2, 3 or 4 years in state prison |
| Elder or dependent adult, with knowledge of that status | Battery | Penal Code 243.25 | Fine up to $2,000, up to 1 year in county jail, or both |
| Elder or dependent adult, under circumstances likely to produce great bodily harm or death | Elder or dependent adult abuse | Penal Code 368(b)(1) | Up to 1 year in county jail, a fine up to $6,000, or both, or 2, 3 or 4 years in state prison |
For Penal Code 245.5, "school employee" means "any person employed as a permanent or probationary certificated or classified employee of a school district on a part-time or full-time basis, including a substitute teacher," and it "also includes a student teacher, or a school board member." Penal Code 243.6 applies whether the battery happens "on or off campus, during the schoolday or at any other time," when it is committed during the employee's duties or in retaliation for them.
Domestic battery and corporal injury to a partner
California has two main domestic-violence offenses in this area. Domestic battery under Penal Code 243(e)(1) is a battery against a spouse, cohabitant, former spouse, fiance or fiancee, the parent of the defendant's child, or a person with whom the defendant has or had a dating or engagement relationship. It is punishable by a fine of up to $2,000, up to one year in county jail, or both. If probation is granted, the statute requires that the defendant "participate in, for no less than one year, and successfully complete, a batterer's treatment program."
A second conviction tightens that rule. Under Penal Code 243(e)(3), when probation is granted to a person previously convicted under 243(e) or Penal Code 273.5, the person "shall be imprisoned for not less than 48 hours," although the court "upon a showing of good cause, may elect not to impose the mandatory minimum imprisonment."
The felony route is Penal Code 273.5(a): "A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony," punishable by two, three or four years in state prison, up to one year in county jail, a fine of up to $6,000, or both. The listed victims include a spouse, a cohabitant, a dating partner and the parent of the offender's child. A repeat conviction for acts within seven years of a prior conviction under 273.5(a), 243(d), 243.4, 244, 244.5 or 245 raises the penalty under Penal Code 273.5(f)(1) to up to one year in county jail, or two, four or five years in state prison, or both imprisonment and a fine of up to $10,000.
Protective orders are covered separately; see California restraining order laws for how they work.
Recent changes to California assault and battery law
- Emergency department health care workers (effective January 1, 2025). AB 977 (Stats. 2024, ch. 937) added the language protecting health care workers of a hospital emergency department to Penal Code 241 and 243, with definitions of "health care worker" in 241(d)(11) and 243(f)(15).
- Corporal injury to a partner (effective January 1, 2025). AB 2308 (Stats. 2024, ch. 649) amended Penal Code 273.5.
- Great bodily injury enhancement (effective December 18, 2024). Proposition 36, adopted at the November 5, 2024 election, amended Penal Code 12022.7.
- Transit battery (effective January 1, 2026). AB 394 (Stats. 2025, ch. 147) amended Penal Code 243.3, the battery provision for transit operators, drivers, passengers, ticket agents and public transportation provider employees and contractors.
- Utility workers (effective January 1, 2027). SB 1330 (Stats. 2026, ch. 699) amends Penal Code 241 and 243. Among its changes, it adds utility workers engaged in the performance of their duties to the battery protections in Penal Code 243(b) and defines "utility worker" in 243(f)(16).
Civil lawsuits for assault and battery
A criminal prosecution and a civil lawsuit for assault or battery are separate proceedings. Code of Civil Procedure 335.1 sets the filing period: "Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another." Other filing deadlines are collected in our guide to the California statute of limitations.
Crime victims can also contact the California Victim Compensation Board, the state agency for victim compensation.
Related legal issues
Self-defense and defense of others are justifications with their own rules; see California self-defense laws rather than this page. For protective orders after a domestic battery or threat, see California restraining order laws. For relief from a past conviction, see California expungement laws.
Related pages
- Assault and battery laws by state
- California self-defense laws
- California restraining order laws
- California expungement laws
- California statute of limitations
- Nevada assault and battery laws
- Arizona assault and battery laws
This article provides general legal information about California assault and battery statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in California.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in California?
California treats them as separate crimes. Penal Code 240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person, while Penal Code 242 defines battery as any willful and unlawful use of force or violence upon another person.
Is assault a felony in California?
Simple assault is a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000 (Penal Code 241(a)). Assault with a deadly weapon or by force likely to produce great bodily injury can be punished by two, three or four years in state prison or by up to one year in county jail (Penal Code 245(a)(1) and (a)(4)), assault with a semiautomatic firearm carries three, six or nine years in state prison (Penal Code 245(b)), and assault with a machinegun, assault weapon or .50 BMG rifle carries 4, 8 or 12 years in state prison (Penal Code 245(a)(3)).
What is the penalty for battery in California?
Simple battery is punishable by a fine of up to $2,000, up to six months in county jail, or both (Penal Code 243(a)). A battery that inflicts serious bodily injury is punishable by up to one year in county jail or by two, three or four years under Penal Code 1170(h) (Penal Code 243(d)).
What happens if you assault a police officer in California?
An assault on a peace officer engaged in the performance of duties, by someone who knows or reasonably should know the officer's status, is punishable by up to one year in county jail and a fine of up to $2,000 (Penal Code 241(c)). Assault on a peace officer or firefighter with a deadly weapon other than a firearm, or by means likely to produce great bodily injury, carries three, four or five years in state prison, and assault with a firearm carries four, six or eight years (Penal Code 245(c) and (d)(1)), or five, seven or nine years with a semiautomatic firearm (Penal Code 245(d)(2)). A battery that injures a peace officer is punishable by a fine of up to $10,000, up to one year in county jail or 16 months, two or three years under Penal Code 1170(h), or both (Penal Code 243(c)(2)).
Is domestic battery a felony in California?
Domestic battery under Penal Code 243(e)(1) is a misdemeanor punishable by up to one year in county jail, a fine of up to $2,000, or both. Willfully inflicting corporal injury resulting in a traumatic condition on a partner is a separate felony under Penal Code 273.5(a), punishable by two, three or four years in state prison, up to one year in county jail, a fine of up to $6,000, or both.
What is a wobbler in California assault law?
Several assault and battery offenses, such as Penal Code 243(d) and 245(a)(1), are punishable in the court's discretion either by state prison or Penal Code 1170(h) imprisonment, or by county jail or a fine. Crimes punishable either way are commonly called wobblers, and Penal Code 17(b) governs how they are classified.
What counts as serious bodily injury for battery in California?
Penal Code 243(f)(4) defines serious bodily injury as a serious impairment of physical condition, including loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement.
How long do you have to sue for assault or battery in California?
Code of Civil Procedure 335.1 sets a two-year period for an action for assault, battery, or injury to an individual caused by the wrongful act or neglect of another.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
California Penal Code
§ 240In force
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 242In force
A battery is any willful and unlawful use of force or violence upon the person of another.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 245In forcecited in 2 of our articles
(a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment. (2) Any person who commits an assault upon the person of another with a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not less than six months and not exceeding one year, or by both a fine not exceeding ten thousand dollars ($10,000) and imprisonment. (3) Any person who commits an assault upon the person of another with a machinegun, as defined in Section 16880, or an assault weapon, as defined in Section 30510 or 30515, or a.50 BMG rifle, as defined in Section 30530, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
Cited in 3,606 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- People v. Falsetta (California Supreme Court 1999, 89 Cal. Rptr. 2d 847)“…0), assault with force likely to cause great bodily injury (Pen.Code, § 245, subd. (a)(1)), and kidnapping (Pen.Cod…”
- People v. Kopp (California Court of Appeal, 5th District 2019, 250 Cal. Rptr. 3d 852)“…t with a deadly weapon other than a firearm in violation of Penal Code section 245(a)(1). "Jason Hernandez is charged in…”
- People v. Hood (California Supreme Court 1969, 1 Cal. 3d 444)“…ult with a deadly weapon upon a peace officer, Alfred Elia (Pen. Code, § 245, subd. (b)), in count II with battery u…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Road Rage Laws: Endangering Other People On a Highway is a Punishable
§ 243In force
(a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (b) When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of them as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of their duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, or a physician, nurse, or other health care worker of a hospital engaged in providing services within the emergency department, and the person committing the offense knows…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 273.5In force
(a) A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment. (b) Subdivision (a) shall apply if the victim is or was one or more of the following: (1) The offender’s spouse or former spouse. (2) The offender’s cohabitant or former cohabitant. (3) The offender’s fiance, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243. (4) The mother or father of the offender’s child. (c) Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 245.2In force
Every person who commits an assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, used for the transportation of persons for hire, or upon the person of a station agent or ticket agent for the entity providing such transportation, when the driver, operator, or agent is engaged in the performance of his or her duties, and where the person who commits the assault knows or reasonably should know that the victim is engaged in the performance of his or her duties, or is a passenger, shall be punished by imprisonment in the state prison for three, four, or five years.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 19In force
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
§ 17In force
(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. (b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. (2) When the court, upon committing the defendant to a secure youth treatment facility, designates the offense to be a misdemeanor. (3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov
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Sources and References
- California Penal Code 240, Assault defined(leginfo.legislature.ca.gov).gov
- California Penal Code 242, Battery defined(leginfo.legislature.ca.gov).gov
- California Penal Code 241, Assault punishment(leginfo.legislature.ca.gov).gov
- California Penal Code 243, Battery punishment(leginfo.legislature.ca.gov).gov
- California Penal Code 245, Assault with a deadly weapon or force likely to produce great bodily injury(leginfo.legislature.ca.gov).gov
- California Penal Code 273.5, Corporal injury to spouse, cohabitant or partner(leginfo.legislature.ca.gov).gov
- California Penal Code 244, Throwing acid or flammable substances(leginfo.legislature.ca.gov).gov
- California Penal Code 17, Felonies, misdemeanors and infractions(leginfo.legislature.ca.gov).gov
- California Penal Code 19, Misdemeanor punishment(leginfo.legislature.ca.gov).gov
- California Penal Code 12022.7, Great bodily injury enhancement(leginfo.legislature.ca.gov).gov
- California Penal Code 245.3, Assault on custodial officer(leginfo.legislature.ca.gov).gov
- California Penal Code 243.6, Battery against school employee(leginfo.legislature.ca.gov).gov
- California Penal Code 245.5, Assault on school employee(leginfo.legislature.ca.gov).gov
- California Penal Code 243.3, Battery against transit workers and passengers(leginfo.legislature.ca.gov).gov
- California Penal Code 245.2, Assault on transit operator, driver, passenger or ticket agent(leginfo.legislature.ca.gov).gov
- California Penal Code 243.35, Battery on public transportation property(leginfo.legislature.ca.gov).gov
- California Penal Code 243.65, Battery against highway worker(leginfo.legislature.ca.gov).gov
- California Penal Code 243.8, Battery against sports official(leginfo.legislature.ca.gov).gov
- California Penal Code 243.7, Battery against juror(leginfo.legislature.ca.gov).gov
- California Penal Code 243.2, Battery on school, park or hospital property(leginfo.legislature.ca.gov).gov
- California Penal Code 243.9, Gassing by detention facility inmate(leginfo.legislature.ca.gov).gov
- California Penal Code 368, Elder and dependent adult abuse(leginfo.legislature.ca.gov).gov
- California Code of Civil Procedure 335.1, Two-year limitations period(leginfo.legislature.ca.gov).gov
- California Penal Code 243.1, Battery against custodial officer(leginfo.legislature.ca.gov).gov
- California Penal Code 243.25, Battery against elder or dependent adult(leginfo.legislature.ca.gov).gov
- California Penal Code 244.5, Assault with stun gun or less lethal weapon(leginfo.legislature.ca.gov).gov
- SB 1330 (Stats. 2026, ch. 699), Utility workers: assault and battery(leginfo.legislature.ca.gov).gov
- California Victim Compensation Board(victims.ca.gov).gov
- California Penal Code Title 8, Chapter 9, Assault and Battery(leginfo.legislature.ca.gov).gov
- California Penal Code 241.1 (assault on a custodial officer)(leginfo.legislature.ca.gov).gov
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