The court can convict you of battery if you touch someone else and the person finds it offensive. You can face battery charges even if your touch does not inflict injuries on the person. This offense is popularly known as “simple battery.” If you are guilty of this crime, you can face a jail term, fines, or probation. You should consult an experienced criminal defense attorney if you are accused of simple battery. An attorney can help you navigate the justice system and get a fair hearing and sentence. At CCLG: Los Angeles Criminal Attorney, we have experienced attorneys who can represent you if you face battery charges. We will evaluate the charges against you and help you create a solid defense against them.
Understanding Simple Battery
A simple battery is defined under the California Penal Code 242 as any willful and unlawful use of force or violence against someone else. This is a straightforward definition, but it can be hard to understand the offense that can result in these charges. Sometimes, you do not have to use force or act violently to face criminal charges under PC 242. The victim does not have to suffer injuries for you to be charged with simple battery. Similarly, you do not have to injure the victim to face simple battery charges. According to Penal Code 242, you can be guilty of simple battery if you willfully throw or spit something at another person.
Assault And Battery Explained
Assault and battery are often used interchangeably, making it challenging for most people to understand their differences. These two offenses differ significantly. The most notable differences include:
- Assault is defined under Penal Code 240 as an unlawful attempt, accompanied by the present ability, to cause a violent injury. This covers the most complicated forms of assault offenses, like assault using caustic substances. Battery, on the other hand, is defined under PC 242 as the actual use of force or violence against someone else.
Assault does not often involve direct physical touch. This offense is considered under the law as an attempted battery. On the other hand, a battery is considered an already executed assault.
The Elements The Prosecutor Must Prove
If the prosecutor accuses you of violating Penal Code 242, the prosecutor should prove these elements:
- You touched someone else
- You touched someone else in an offensive manner
- It was a deliberate touch
You cannot face criminal charges under Penal Code 242 if the prosecutor fails to prove the above elements. You do not need to act violently against the victim to face charges under this law. The judge can convict you under this law even if you do not injure the victim. The prosecutor is only required to show that you touched the victim unpleasantly.
Understanding The Element Of Touching Someone Else
The element of touching a person means any contact with someone else. You do not need to injure the victim. A slight touch can attract charges under Penal Code 242. For example, spitting is considered a battery crime. This offense does not injure the victim but is an offensive touch or contact.
You do not need to touch the battery directly to face simple battery charges. The court can convict you of battery if you use an object to touch the victim. You can be guilty under Penal Code 242 if you throw a stick towards the victim and hit him/her. Under battery statutes, you could be guilty of battery if you come into contact with any object that is directly tied to the victim. For example, ripping off another person’s clothing can attract battery charges.
Deliberate Touch Explained
This element of crime can be satisfied by having meant to execute the crime, which led to the act of battery. Being deliberate does not necessarily mean you planned on inflicting injury or breaking the law. For example, you can break your glass during a confrontation with your spouse. The pieces of the glass then hit the face of your partner. You will not have meant to injure or hit your spouse, but you intended to throw the glass in his/her direction. You should also have known that the glass pieces could hit the victim. The court can convict you of battery for this act.
In An Offensive Manner
If the contact was offensive, you can only face battery charges under Penal Code 242. Any physical touch that is rude, unpleasant, or violent is offensive. For example, spitting at another person is a battery crime. Spitting at another person is considered offensive, even if it does not cause injuries.
Factors That Can Enhance The Punishment
Courts often charge a simple battery as a misdemeanor that attracts less severe penalties. Sometimes, certain circumstances can cause a simple battery to be charged as a felony. These factors are commonly known as aggravating factors. Aggravating factors for battery crime are classified into three categories.
- First, the type of victim who suffered battery. You will face more severe penalties under PC 243 if the victim is a protected person, including:
- A teacher
- A traffic officer
- An emergency medical technician
- A correctional officer
- A police officer
- A firefighter, or
- Another public service employee, while actively carrying out their official duties
- The victim sustained physical injuries because of the battery. You will face severe charges and penalties if you inflicted injuries on the victim. This factor examines the nature of the battery and the effect of the battery on the victim.
- This category focuses on your relationship with the victim. The court can impose severe penalties for domestic battery under PC 243 (e) (1) if the victim was a boyfriend, spouse, girlfriend, ex-boyfriend, or ex-girlfriend.
Penalties For Violating Penal Code 242
A simple battery is often considered a misdemeanor offense. However, this crime can be charged as a misdemeanor or felony if one or more aggravating factors exist. The court can convict you of a felony if you committed battery, causing great bodily harm to the victim. You could also face aggravated charges under Penal Code 242 if you commit battery against a peace officer acting in the course of their duty.
If a simple battery is charged as a misdemeanor, you can face the following penalties:
- A fine that does not exceed $2,000
- A jail term that does not exceed six months
- Misdemeanor or summary probation that does not exceed three years
The judge can impose the following penalties if you commit a simple battery against a peace officer that does not inflict bodily harm:
- A fine that does not exceed $2000
- A jail term that does not exceed one year in a county jail
- Misdemeanor or summary probation that does not exceed three years
If you are charged with felony battery against a peace officer that caused injuries, you can face the following punishment:
- A fine that does not exceed $10,000
- A jail term that does not exceed three years
- Felony or formal probation that does not exceed five years
The court can impose the following penalties if you are guilty of felony battery that caused great bodily injury to the victim:
- A fine that does not exceed $10,000
- A jail term of up to two years, three years, or four years in a state prison
- Felony or formal probation that does not exceed five years
You could face the following punishment if you are charged with a misdemeanor domestic abuse battery:
- A fine that does not exceed $2000
- A jail term that does not exceed one year in a county jail
- Misdemeanor or summary probation that does not exceed three years
The judge could also order you to enroll and complete a batterer’s therapy program or another similar and qualified program for at least one year. You can also be ordered to pay a fine that does not exceed $5,000 and refund counseling costs to a shelter for a battered spouse.
Other Repercussions
Pleading guilty or being convicted of a simple battery will be entered into your permanent criminal record. This record can negatively affect your life, especially when seeking a school, a house, or employment. A record of a simple battery conviction could put off prospective house landlords, teachers, and employers. You could be considered a violent person, making you lose valuable opportunities.
Fighting Penal Code 242 charges is important, since avoiding a criminal record can help you protect your chances of pursuing education, raising a family, and building your career.
Defenses Against Penal Code 242 Charges
The best way to fight PC 242 charges is with the help of a skilled criminal defense attorney. An attorney can help you develop and present the following defenses:
Fighting The Credibility Of The Victim
In most battery lawsuits, the prosecutor’s case is often based on the alleged victim’s testimony. Fighting the credibility of your accuser could be the best defense. Your criminal defense attorney will look for the inconsistencies in the victim’s testimony, like discrepancies between the original report and the testimony in court. The attorney will also investigate the victim’s motive for making the claims, including financial incentives or personal disputes.
Sometimes, the victim could have a record of falsely accusing people. Your attorney can use this to cast doubt on the victim’s credibility. Similarly, the prosecutor’s case can be weak if your witnesses claim that the touch was consensual or the victim was the aggressor.
Your attorney can also evaluate the facts of the allegations to determine any ulterior motives or biases on the victim’s part. For example, the victim’s perception of events will be unreliable if he/she was under the influence of alcohol or drugs. Your attorney can cast reasonable doubt and strengthen your defense by tabling evidence challenging the credibility or reliability of the victim.
Citing Cultural Context
Sometimes, cultural differences can cause misunderstandings, which can escalate into battery charges. In a multicultural state, actions considered acceptable or normal in one culture can be threatening or offensive in another. You can use the cultural context to develop a defense, which explains your actions in a manner that resonates with the judge.
In some cultures, physical gestures like a firm handshake or a pat on the back are considered signs of camaraderie or respect. However, you can face battery charges if the victim interprets the gestures as unwanted or aggressive. If this happens, your attorney can hire a cultural expert to testify regarding the norms and practices of your community. This can help the judge have a wider understanding of your actions. This defense is vital if you and the victim come from different cultural backgrounds. Your attorney can claim that the incident was a misunderstanding if he/she explains these differences. This defense can challenge the prosecutor’s claims and foster empathy among the jurors. As a result, the jurors could be convinced and rule in your favor, especially if the penalties are severe, even when the intent is unclear.
Provocation
You can use provocation defense to mitigate your charges or penalties, although the law does not allow battery on the grounds of provocation alone. Provocation can happen if the victim’s words or actions made you act in a manner that seemed unreasonable. This defense is often nuanced because it does not relieve you of the liability but contextualizes your reactions.
Your attorney can allege that your actions were a normal, albeit regrettable, response to the provocation if the victim made threatening gestures. Provocation often focuses on the psychological effect of the accuser’s actions on you, making it a more subjective defense.
Your attorney can also use provocation to fight for reduced charges, like reducing a felony battery to a misdemeanor. He/she can appeal to the judge for fairness by claiming that their actions were a heat-of-the-moment response but not a premeditated act. This defense usually involves presenting character witnesses or other evidence to show that the victim’s behavior influenced your actions directly.
Self-defense Law
The ‘’Self-defense’’ law provides extra protection if you are accused of simple battery. A person can attack you in a public space or in your house. You can use ‘self-defense law’ to justify your actions. Your attorney can also examine this defense, determine its applicability, and prepare the necessary arguments.
You Had No Intent
The judge can drop your charges if the prosecutor fails to prove intent. Lack of intent is a valid defense in a battery lawsuit, particularly if the touch was accidental. For example, you can trip and fall on another person, causing them an injury. A lack of intent defense can relieve you of the liability in this situation. Your attorney can also focus on showing that the incident was a true accident. Some of the evidence that can be used to support your claim includes video footage or environmental factors like a slippery floor.
Victim’s Consent
Consent can be a valid defense in a battery lawsuit. The prosecutor will have a weak case if the victim agreed to the contact, whether explicitly or implicitly. This defense can be used in mutual combat, sports, or other consensual activities. For example, you can engage in a consensual sparring game, and your opponent accuses you of battery. You can use the consent to the game to fight the allegations against you. Your attorney can also allege that the victim understood and consented to the risks.
Defense Of Others
Sometimes, using reasonable force is allowed to protect others from harm. This defense is acceptable under the law if you intervened in a case where another person was in danger. However, you should consider the repercussions of battery, even in situations where your intentions were protective. For example, your actions can be justified if you witnessed someone else being attacked and came in to stop the aggressor. You will, however, have a hard time showing that your intervention was required and proportionate. Your attorney must also prove that the threat to the victim was real and imminent. The attorney must also prove that your actions were the best way to prevent an injury.
You Acted In Self-Defense
A popular defense in battery lawsuits is self-defense. The “Stand Your Ground” law also allows you to use reasonable force to protect yourself from imminent harm. This defense is acceptable under California law if you believed you were in immediate danger and acted to defend yourself. Proportionality is key to self-defense claims. Your response or action must match the level of threat you experienced. For example, your actions will be considered reasonable if someone threatened you with a punch and you responded by striking them back. You must provide enough evidence to defend yourself if you escalate the situation with excessive force, like a weapon. Your attorney must gather evidence like surveillance footage or witness testimonies to support your self-defense argument.
Offenses Related To Simple Battery
Some of the crimes that can be charged alongside simple battery include:
Assault – Penal Code 240
It is a crime under PC 240 to attempt to cause a violent injury to someone else. This offense is also known as simple assault. If the prosecutor accuses you of assault, the prosecutor should prove the following elements:
- You acted in a manner likely to result in the use of force against another person
- It was a deliberate act
- You were aware that a reasonable person would believe that your action would result in the use of force
- You had the capacity to use force against the victim.
Simple assault is a misdemeanor. The crime can attract the following penalties:
- A fine of up to $1000
- A jail time of up to six months in a county jail
- Summary or misdemeanor probation
Assault On A Police Officer or Emergency Personnel
You can face a fine of up to $2,000 for simple assault on a parking control officer engaged in performing their duties. The court can also impose a fine of $2,000 and a jail term of one year if the victim was engaged in carrying out their duties as:
- Doctor or nurse providing emergency medical care
- Search and rescue member
- Animal control officer
- Code enforcement officer
- Traffic officer
- Process server
- Lifeguard
- Emergency medical technician or paramedic
- Firefighter
- Peace officer
You can face a two-year restraining order under PC 490.8 if you assault an on-duty retail establishment employee. Under this law, you cannot enter the retail establishment. You will face extra criminal charges if you violate the restraining order.
However, you can fight these charges using the following defenses:
- You were falsely accused
- No willful act
- You acted in self-defense
- Lack of ability to inflict force or violence
Assault With A Deadly Weapon – Penal Code 245(a)(1)
Assault with a deadly weapon is defined under PC 245(a)(1) as attacking or attempting to attack someone else with a weapon that can cause death or significant bodily harm. If the prosecutor accuses you of violating PC 245(a)(1), the prosecutor should prove the following elements:
- You engaged in an act whose nature would have resulted in the use of force on another person
- You executed the act using a deadly weapon or force that could have caused significant bodily harm
- It was a deliberate act
- When you acted, you could use force with a deadly weapon or force likely to inflict significant bodily harm.
You can face misdemeanor or felony charges if you violate PC 245(a)(1). Misdemeanor charges can attract a fine of $1000, a sentence of one year in a county jail, and summary probation.
Felony charges can attract a fine of $10,000 and a sentence of two, three, or four years in a state prison.
Defenses for these charges can include:
- You acted under duress
- The police violated your rights
- Mistaken identity
Find a Criminal Defense Attorney Near Me
A simple battery is outlined under the California Penal Code 242 and involves offensively touching another person. You can face charges under PC 242 even if the touch does not injure the victim. If you or a loved one faces battery charges, you should seek the services of an experienced attorney to help you fight against the charges. An attorney can help you present several defenses, including acting in self-defense or defense of others, lack of intent, or the victim’s consent.
Contact the CCLG: Los Angeles Criminal Attorney for legal representation you can count on. Call us at 323-922-3418 to speak to one of our attorneys.
