Simple Misdemeanor Battery per California Penal Code 242 does not require injury. Any rude or angry touching of another can be a battery even without injury. The law protects individuals from any willful touching in a harmful or offensive manner, and which is not in done self defense. Simple Assault per PC 240 requires someone to have the present ability to apply force and willfully act, not in self defense, in a way that a reasonable person would believe the probable result would be a battery. Assault is more of a threatening and actual touching is not required for PC 240.