Battery Laws California PENAL CODE 242 & 243.4 PC Criminal Defense Attorney

What is the definition of Battery in California?

California Battery laws can be found at penal code section 242 PC. In short, "Battery" is the unlawful application of force upon another person without consent or legal justification.

To prove that the defendant committed the crime of battery the prosecutor must prove beyond a reasonable doubt that:

1) The defendant willfully touched another person in a harmful manner (or offensive manner)
2) The victim suffered serious injury as a result of the harmful touching
3) The defendant did not act in self defense

Note 1: Reasonable force used in disciplining children does not constitute battery

Note 2: The "touching" does not have to be the actual touching of the victim. It is enough that the defendant "caused the victim to be touched in a harmful or offensive manner." For example: Swiping an object out of another person's hand without touching the person who is hold the object can constitute battery if the action is done in a manner that harmful or offensive to person holding the object.

How much jail time can I get if I am found guilty of the crime of battery Penal Code 242 PC?

The crime of battery is a misdemeanor in California (See Exception Below). If found guilty of the crime of battery (Penal Code 242 PC) the defendant faces up to 180 days in jail.

Note: There are many specific forms of battery charges which carry varying sentences and demand specific factual findings, these include the following extensive list:

Penal Code 243(b) PC, Battery of an officer or emergency personnel (misdemeanor battery-carries up to a 1 year sentence).
Penal Code 243(c)(1) PC, Battery of an custodial officer or emergency personnel with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243(c)(2) PC, Battery of a peace officer with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243(d) PC, Battery causing serious bodily injury (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243(e)(1) PC, Battery of a spouse (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.1 PC, Battery against an officer (Felony-carries up to a 3 year sentence).
Penal Code 243.10 PC, Battery against a member of the U.S. armed forces (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.2(a) PC, Battery occurring at school (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.3 PC, Battery against public transit employee or passenger (Felony or Misdemeanor depending on injury-carries up to a 3 year sentence).
Penal Code 243.4 PC, Sexual Battery (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(a) PC, Sexual Battery by Restraint (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(b) PC, Sexual Battery of institutionalized victim (Felony or Misdemeanor-carries up to a 4 year sentence).
Penal Code 243.4(c) PC, Sexual Battery while victim unconscious (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.4(d) PC, Sexual Battery by forced masturbation (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.4(e)(1) PC, Sexual Battery (Misdemeanor-carries up to a 180 day sentence).
Penal Code 243.6 PC, Battery against a school employee with injury (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.65(a), Battery against a highway worker (Misdemeanor-carries up to a 1 year sentence).
Penal Code 243.7 PC, Battery against a juror (Felony or Misdemeanor-carries up to a 3 year sentence).
Penal Code 243.8(a) PC, Battery against a sports official (Misdemeanor-carries up to a 1 year sentence).

In addition to the maximum jail terms listed above, criminal convictions in general can have other severe consequences. Not all convictions carry the same consequences, but the list of possible consequence for criminal convictions include: Felony or misdemeanor probation sentence, fines, immigration consequences, employment loss, professional license revocation or denial, administrative hearings initiated (DMV and/or professional licensing hearings), increased insurance rates, civil lawsuits, mandatory registration requirement (for some sex crimes, drug crimes, arson crimes, and gang crimes), mandatory rehabilitation classes (for some domestic violence and child abuse type cases), restraining orders, loss of rights to own firearms (certain offenses), emotional stress on you and your family, and more.

What are my defenses to a charge of Battery in California (Penal Code 242 PC)?

There are too many defenses to the crime of Battery to list all of them here. Remember, every case is different because the facts of every case are different. In general, it might be possible to reduce the battery charge to a less severe charge, or it might be possible to reduce the amount of jail time. 

The most desired goal for the defendant is for a complete dismissal of the battery charges. This is possible in some circumstances where there is insufficient evidence to find the defendant guilty or where the prosecution can not proceed due to procedural problems such as crucial evidence which is suppressed at a suppression hearing, etc. Again, there are way too many defenses to discuss all of them here. 

For more information on defenses to criminal charges in general, including defenses to a charge of  battery (Penal Code 242 PC), see Defenses to Crimes.

Without a doubt, the most important thing the defendant must do first is to speak to an experienced criminal defense attorney without delay. 

To learn more about the crime of battery and possible defenses to the crime of battery visit CriminalDefense909.com today, or call 909.913.3138 to speak directly to an experience California Criminal Defense Attorney. Initial consultations are free. We offer consultations 24 hours a day 7 days a week.

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 Information contained herein is not guaranteed to be accurate. The information contained herein is supplied as information purposes only. No attorney client relationship is created by use of this website/blog. If you are charged with a crime you should seek the advice of a criminal defense attorney without delay.