Battery (PC 242):
Battery is the actual use of force or violence on someone else. The legal definition is as follows: you touched someone else, willfully, in a harmful or offensive manner. If all three elements are not proven by the prosecutor, then you are not guilty of PC 242 battery. The second element, “willfully,” means that you acted willingly or on purpose; this does not mean that you necessarily intended to break the law, hurt someone else, or gain any advantage. In other words, whether or not you intended to commit battery, you must have intended to perform the motion that caused the battery to be guilty of the crime. For example, if out of anger you throw an object and it happens to hit a person in the head, you may be guilty of Penal Code 242 battery; even if you did not intend to commit the battery you are still guilty because you intended to throw it, which created the risk itself.
Penalties (PC 242):
Simple battery that does not cause serious injury and is not committed against law enforcement or other protected persons- is a misdemeanor under California Penal Code 242. A misdemeanor conviction can potentially land you up to 6 months in county jail, fines up to $2,000, and/or a period of informal (summary) probation.
Legal Defenses (PC 242):
There are various defense techniques that our skilled criminal defense attorneys can use in order to help beat battery charges. In many scenarios, we can argue that you acted in self-defense or in defense of someone else or that you did not act willfully and that it was an accident.