San Diego Criminal Defense Lawyer Explains Battery Laws in California:

“Assault and Battery” are often thought to be one and the same because they are frequently used together to define a crime. They are, in fact, two separate crimes. Assault is an attempt to commit a battery. A battery requires physical contact with another person, whereas assault does not require physical contact to be made.

California Penal Code 242 describes Battery as “any willful and touch that is harmful and/or offensive.”

What is Simple Battery?

In the State of California, if you are charged with simple battery the prosecutors will try to prove that:

1)      you willfully and unlawfully touched someone else in a harmful or offensive manner and

2)      you did not act in self-defense, or in a defense of another, or (if the alleged victim in your case is a child) while reasonably disciplining a child. ^[1]

Willfully means that you acted purposefully. This does not mean that you intended to break the law, gain advantage or cause harm. If you acted in self-defense, defense of a child or were reasonably disciplining a child, the prosecutor will try to prove that you did not.

For example, Ashley and Kelly are in a disagreement. In disgust, Kelly spits on Ashley before stomping away. Ashley claims Kelly committed a battery. Because her action was willful, offensive in manner and not made in defense, Kelly could be charged with battery.

OTHER BATTERY CHARGES

Battery charges vary based on three criteria: 1) the physical result of the act, 2) who the alleged victim is, and

3) where the act took place. Sentencing of these charges would differ accordingly. For example, a battery on a school grounds, a battery that results in a severe injury, and a battery against an individual whom the law treats as particularly vulnerable (such as a child or law enforcement officer) all may carry a much heavier sentence than other batteries.

BATTERY CAUSING SERIOUS BODILY INJURY

“Serious bodily injury” means that the alleged victim required professional medical treatment as a result of the force inflicted. [2]

For example, John went to a bar with friends. An argument started and John, losing his temper, tackled Paul. Paul’s head hit the edge of a table, making a deep gash on his scalp. When he hit the floor, the impact broke a rib and knocked him out. Paul was taken to the hospital for care and stitches. John would be charged with Battery Causing Serious Bodily Injury because Paul required medical treatment.

SPECIFIED PERSON

Specific battery charges are made for crimes against:

• Peace officers [3]
• Custodial officers [4]
• Military personnel [5]
• School employees [6]
• Transportation employees [7]
• Jury members [8]
• An elder or dependent child [9] [10]

SPECIFIC LOCATION

Specific battery charges are made for crimes located in/on:

• Public transportation property and/or vehicles
• Schools
• Parks
• Hospitals or hospital grounds [11]

How do I fight battery charges?

If you are being accused of committing a battery, you need to begin the process of defending yourself right now. Start gathering information on possible witnesses and alibis that would help your defense. If you can disprove elements, there is a good chance you can get the case dismissed.

The primary way to fight battery charges is to disprove the elements listed above. Was there actual contact made? Are you being falsely accused? Is the alleged victim blaming the wrong person? If contact was made, was it accidental or willful? Were you attacked first and were defending yourself from harm? Were you playing a sport or involved in an activity that is physical in nature and that the alleged victim was a participant in? Answering questions such as these help form the strategies you and your lawyer will use in your defense.

What is the sentence for simple battery?

Simple battery is punishable by a fine not exceeding $2,000 and/ or by imprisonment in a county jail not exceeding 6 months. [12] For charges specific to the items above, the fine and imprisonment limits are increased based on the nature of the charge.