Legal & EthicalQuestion 180 of 200

Assault and battery are defined in California as:

a.Both assault and battery require the use of a weapon before charges can be filed
b.Assault and battery are identical terms describing the same criminal offense
c.Assault (PC §240) is an unlawful attempt, coupled with present ability, to commit a violent injury on another; battery (PC §242) is any willful and unlawful use of force or violence upon another
d.Assault is harmful touching, while battery is the threat of future harm

Explanation

Penal Code §240 defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another. PC §242 defines battery as any willful and unlawful use of force or violence upon the person of another. Slapping, grabbing, or forcibly medicating a resident without consent can constitute battery. Threatening to hit (without contact) can be assault. No weapon is required (a). A CNA who commits assault or battery on a resident faces criminal prosecution, CDPH certification revocation under HSC §1337.9, immediate termination, and exclusion from federal healthcare programs.

Law Reference: PC §240; PC §242

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