California Penal Code Section 242: Battery represents a criminal charge for harmful and offensive contact towards another person. Individuals who face charges under PC 242 can face severe legal penalties.
A conviction could impact an individual’s life for years to come. A Los Angeles battery defense lawyer can help you understand the definition, penalties, and defenses for this violent crime. You can learn more about simple battery, aggravated battery, and other battery charges.
Find out more on how to understand California’s Penal Code by calling or completing our online contact form.
What Are Battery Charges in California?
Individuals in California may be charged with battery under PC 242 if they intentionally touch another person in a way that is harmful or offensive without lawful reason. Any form of unwanted physical contact could result in battery charges, even if the contact did not cause a bodily injury.
Individuals may face battery charges for any form of physical contact, including contact through another person’s clothing or indirect contact. For example, individuals can face battery charges for poking someone else with a stick, regardless of whether this results in a bodily injury.
A Los Angeles criminal defense lawyer can provide more information about battery laws and legal defenses to these charges.
For a free legal consultation with a battery lawyer serving California, call (310) 896-2723
Does California Have More than One Battery Charge?
California uses more than one charge to prosecute the crime of battery. Charges used to prosecute different types of battery include:
- California Penal Code Section 243(d): Aggravated Battery Causing Serious Bodily Injury
- California Penal Code Section 243.1: Battery on a Custodial Officer
- California Penal Code Section 243(b) & (c): Battery on a Peace or Police Officer
- California Penal Code Section 243.6: Battery on a School Employee
- California Penal Code Section 243(e)1: Domestic Battery
- California Penal Code Section 243.4: Sexual Battery
The penalties for these acts vary. A violent crimes lawyer in Los Angeles can help you understand the differences in these charges.
Any of these charges can have severe repercussions in the event of a conviction, even in cases that do not involve physical contact or bodily injury. You can learn more potential penalties for simple battery charges or more severe accusations with a criminal defense attorney.
California Battery Lawyer Near Me (310) 896-2723
Is Battery a Misdemeanor in California?
The court treats simple battery, as prosecuted under California Penal Code Section 242: Battery, as a misdemeanor offense. However, the state has many other charges related to battery, and the court treats many of these offenses as “wobblers.”
We use the term wobblers to refer to charges that may qualify as misdemeanor or felony offenses based on the discretion of the prosecution. Prosecutors look at an individual’s past criminal record and current charges when deciding how to prosecute wobblers.
Click to contact our Understanding California’s Penal Code today
Possible Penalties for a Battery Conviction
Individuals convicted under California Penal Code Section 242: Battery may face many potential penalties based on the penal code used to prosecute the accusation.
For example, individuals convicted of simple battery may face six months in county jail and fines of up to $2,000. Penalties for other charges include:
Penalties for Aggravated Battery
Individuals convicted of aggravated battery may face up to a year of jail time and fines of up to $1,000 for a misdemeanor conviction. Felony convictions for battery resulting in violent injuries may lead to up to six years of jail time and fines of up to $10,000.
Penalties for Battery on a Custodial Officer
Offensive touching on a custodial officer may result in up to four years of incarceration. A lawyer can tell you more about these potential penalties.
Penalties for Battery on a Peace Officer, Police Officer, or School Employee
This form of battery can result in up to one year of jail time if the offense occurred without bodily injury. Cases involving physical contact and an injury may result in up to three years of incarceration and fines of up to $10,000.
Penalties for Domestic Battery
The court can treat domestic battery as a misdemeanor punishable by $2,000 in fines and up to six months in jail, similar to a conviction for simple battery charges.
Penalties for Sexual Battery
A misdemeanor conviction for sexual battery may result in up to a year in jail with aggravating factors. Felony convictions can result in up to four years of incarceration and fines of up to $10,000. Instances of bodily harm can increase these penalties.
Complete a Free Case Evaluation form now
Are There Other Penalties Under Battery Law?
Individuals convicted under any of the battery penal codes may face additional penalties, especially if the charges include acts of bodily injury. These penalties may include:
Orders to Take Anger Management Classes
Individuals may have to attend anger management classes after a conviction for battery or offensive touching. The court determines how long individuals have to attend these classes following a conviction.
In some cases, the court may order an individual to perform community service. You can learn more about battery offenses and their penalties with a criminal defense lawyer.
A Ban on Firearm Ownership
A battery conviction can also result in a ban on firearms ownership. This ban can last for up to 10 years. Typically, individuals lose their gun rights after a conviction for a felony in California. In this situation, individuals cannot keep or buy firearms.
Going through an overview of key California firearms laws can provide more information about these bans.
Effects on Immigration
Some battery crimes represent deportable offenses in California. A conviction for these crimes can have severe impacts on your immigration status. A lawyer can provide more information about this party of battery law.
Criminal Defenses Used to Handle PC 242 Charges in California
An individual accused of battery may avoid a conviction under California Penal Code Section 242: Battery if they have a solid defense. Depending on the exact circumstances surrounding a battery accusation, a Los Angeles criminal defense lawyer may be able to argue:
You Were Acting in Self-Defense
Individuals are legally allowed to protect themselves from acts of violence in Los Angeles. You may not be convicted of battery if someone else strikes you first. Note, however, that verbal threats are not enough to justify an act of battery.
An attorney can provide more information about this legal defense.
You Hurt Another Person Accidentally
Battery involves willfully hurting someone. Individuals who harm another person by accident should not face a conviction under California Penal Code Section 242: Battery in California.
In some cases – individuals consent to activities that can result in physical harm. Someone playing a physical sport or engaging in other risky activities may be injured. These injuries are not the result of battery and should not lead to criminal charges.
You Face False Accusations
Some people face battery charges after someone falsely accuses them of causing a bodily injury. An attorney can dispute these allegations and establish reasonable doubt to help clients avoid severe penalties.
Battery charges can apply in many situations because individuals can be convicted of battery even if they do not harm anyone. An angry push or a shove can even result in prosecution as battery in the courts in Los Angeles.
Do not let your freedom disappear. Call a California criminal defense attorney to handle any battery allegations.
How do Lawyers Resolve Battery Offense Charges?
An attorney can explore various legal strategies to help a client facing California Penal Code Section 242: Battery charges. A lawyer can explain the legal landscape faced by individuals dealing with violent crime allegations and may assist by:
Getting Battery Charges Dismissed
In some situations, an attorney may push the court system to dismiss battery charges. The court may dismiss these allegations if the prosecution has insufficient evidence or if police officers violated an individual’s rights during an arrest or while investigating a battery offense.
Getting Battery Charges Reduced
An attorney may also recommend a client accept a plea bargain after an arrest for assault and battery. The prosecution may reduce these charges to a less severe offense. However, plea bargains still come with some penalties.
You may have a better chance of securing a plea bargain if you do not have other charges on your criminal history.
Representing a Client in Court
An attorney can represent you in court for all kinds of battery charges. A lawyer will explore all legal defenses relevant to your situation and discuss your specific circumstances. Your attorney can work to establish reasonable doubt if you face allegations of unwanted touching.
Examples of Battery in California
Understanding exactly what qualifies as a battery can feel challenging since there are many related charges. The following examples can help clarify this issue:
- Person A gets into an argument with Person B. Their tempers heat up, and Person B says something very insulting. Person A shoves Person B into a wall, resulting in severe bruising. Person A can be convicted of battery, even though Person B participated in the argument.
- Person C is walking down the street, and trips, falling into Person D. Person D ends up twisting their ankle and accuses Person C of battery. However, Person C did not intentionally try to harm Person D, so they are not guilty of battery.
- Person E is playing soccer in a neighborhood league. During a close game, Person E tackles Person F, sending them both to the ground. Person F sustains a cut along their shin. Person E should not be charged with battery because they both consented to play a risky sport.
You might not fit into any of these examples. However, you should still speak to a criminal defense lawyer from the Simmrin Law Group. An attorney can help you understand the situation you are in and how you can fight the charges in the California courts.
Do You Have to Pay Bail for a Battery Charge?
You may have to pay bail if you face accusations of battery in California. A criminal defense lawyer can help with your bail hearing, pushing to ensure you face a low payment so you can remain out of jail until your criminal hearing.
Your attorney can also assist during your arraignment hearing, where you’ll hear the charges you face officially and have a chance to enter a plea into the court system.
An attorney can immediately begin discussing legal defenses as well as helping with these hearings after an arrest under California Penal Code Section 242: Battery.
Should You Hire a Lawyer After an Arrest for Battery?
The professionals recommend getting help from a criminal defense attorney after an arrest for battery, especially if the alleged victim claims that you caused them a bodily injury. A lawyer can immediately answer all your questions about battery and could help you avoid months in county jail.
Working with an attorney can help you maintain your peace of mind after an arrest and assist during legal questioning by police officers and the prosecution. These individuals are not on your side and may use everything you say against you to secure a conviction for acts of unwanted touching.
An attorney will put you first and help if you or a family member face charges for battery.
Building a Criminal Defense for Battery Charges
A conviction under California Penal Code Section 242: Battery can lead to severe repercussions. You could face incarceration and fines if convicted of battery in California.
Make sure you address a battery charge head-on by contacting the Simmrin Law Group right now for a free case evaluation.
Our team can go over your options. Just complete our online contact form or call our office today. Representing yourself in court when facing a criminal charge is not in your best interest. Secure legal representation today from the Simmrin Law Group.
Call or text (310) 896-2723 or complete a Free Case Evaluation form
