California Penal Code 242
Facing Allegations for Battery?
California Penal Code (PC) § 242 defines a violent criminal offense known as battery. Under this statute, battery is considered any willful and unlawful use of force or violence upon another person. Although this legal definition may at first appear straightforward, there are a number of legal intricacies and elements involved in the allegation. There are also many ways in which this charge can arise. Generally, though, a person can be charged with 242 when they make any type of unwanted physical contact upon the person of another, regardless if the other person suffered any harm or not.
In the most simple of terms, battery is an offense that requires physical contact, specifically contact that is harmful and/or offensive in nature. Assault, on the other hand, is an offense that does not require any physical touch, but rather any act that would likely result in the use of force. Understanding this difference is crucial, as assault and battery can be charged together. PC 242 battery is a misdemeanor offense punishable by probation, fines of up to $2,000 dollars, community service, court ordered education classes, and up to six months imprisonment in a county jail.
Depending on the circumstances surrounding the alleged incident and arrest, your defense may highlight the fact that the physical contact was an accident or that physical contact was used for self-defense or for the defense of others. As battery is a charge commonly associated with fighting, self-defense can be an admissible and effective defense. In more serious cases – including battery that results in serious bodily injury (aggravated battery) or battery committed against a government employee – skilled and experience defense is of the utmost importance.
Discuss Your PC-242 Case With a Lawyer in Los Angeles
As battery is an allegation that can vary drastically from case to case, our legal team focuses on evaluating these charges on a personal basis. With more than 50 years of combined experience on our side, we know that personal attention is key to determining whether there was a justifiable argument for the use of physical contact, how these facts can be presented clearly in court on your behalf, and how our attorneys can fight to have your charges dismissed or reduced as much as possible.
As with any criminal allegation, taking swift action is also incredibly important. Allow our team of Los Angeles attorneys to review your situation during a case evaluation to help you understand the charges and penalties you face and what our firm can do to help.
Contact Lessem, Newstat & Tooson, LLP for the representation and support you need.