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California Penal Code Section 242 PC: Battery
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California Penal Code Section 242 PC: Battery
Battery–it sounds bad, right? And it is. Battery is basically when someone intentionally hurts or touches someone else in a harmful or offensive way. It’s against the law here in California under Penal Code Section 242.
Battery can cover a lot of different actions–from shoving someone to punching them or even throwing something at them. Any harmful or offensive touching is battery. Let’s break it down so you understand exactly what battery is under California law.
What is Battery Under California Law?
Under California Penal Code Section 242, battery is defined as:
Any willful and unlawful use of force or violence upon the person of another.
That’s the legal definition straight from the law books. But what does it really mean? Let’s break it down word by word:
- Willful – This means that the person committing the battery intended to do it. It wasn’t an accident.
- Unlawful – The action was illegal under California law.
- Use of force or violence – The person used physical force against someone else.
- Upon the person of another – The force was used against another person.
So putting it all together in simple terms, battery under California law is when someone intentionally uses force or violence against another person illegally. Some examples of battery include:
- Hitting or punching someone
- Pushing or shoving someone
- Throwing an object at someone
- Spitting on someone
- Unwanted kissing or groping
As you can see, battery includes a wide range of physical contact. The main things are that it’s intentional, harmful or offensive, and illegal.
What’s the Difference Between Assault and Battery?
Sometimes people get assault and battery confused–but they’re actually two different crimes under California law. Here’s the key difference:
- Assault – When someone threatens to harm or touch someone else in a harmful or offensive way. It doesn’t require physical contact.
- Battery – When someone actually does touch someone else in a harmful or offensive way. Physical contact is required.
So assault is the threat, while battery is following through on the threat with physical contact. Someone can commit assault by threatening to punch someone, even if they never actually throw the punch. But if they follow through and actually hit the person, that’s battery.
What Are the Penalties for Battery in California?
Simple battery under Penal Code Section 242 is a misdemeanor offense in California. That means it’s punishable by:
- Up to 6 months in county jail
- A fine of up to $2,000
- Informal probation
- Community service
- Counseling (such as anger management)
If the victim suffers significant or serious bodily injury from the battery, it can be charged as a felony. That can mean up to 4 years in state prison. Battery with serious injury can also count as a strike under California’s three strikes law.
Are There Defenses to Battery Charges?
There are a few common defenses that a lawyer may use to defend against battery charges:
- Self-defense – Using reasonable force to protect yourself or someone else from harm.
- Accident – You didn’t intend to commit battery.
- False accusations – The alleged victim is lying about what happened.
- Mistaken identity – You didn’t actually commit the battery.
If you have a valid legal defense, a criminal defense lawyer can argue it on your behalf to get the charges reduced or dismissed. Never try to represent yourself against criminal charges.
There are a few other offenses that are similar or related to battery under California law:
- Assault – Threatening to harm someone, but not physically harming them.
- Assault with a deadly weapon – Threatening to harm or actually harming someone using a weapon like a gun, knife, or club.
- Domestic battery – Battery committed against a spouse, cohabitant, or someone you have a child with.
- Sexual battery – Touching an intimate part of someone else’s body for sexual arousal, against their will.
A skilled California criminal defense attorney can analyze the details of your case to identify the most appropriate charges and defenses.
Conclusion
Battery is intentionally harming, touching, or offensively contacting someone else without their consent. It’s against California criminal law under Penal Code Section 242. If convicted, you face fines, probation, and up to 6 months in jail. But with an experienced criminal defense lawyer, you may be able to get the charges reduced or dismissed. Don’t take a chance by going to court alone–get legal help fighting your battery charges.