Law Office of Daniel Jensen, P.C.

Serving San Jose & Santa Clara County

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Is it still assault and battery if no one was actually physically harmed?

Under California law, an individual does not have to be subject to actual physical harm in order for a charge of assault to be assessed. The law only requires that a credible attempt or threat to commit a harmful action towards others occur in order for an assault charge to apply. However, in order for an individual to be accused of battery, it is necessary for physical contact to have occurred.

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