California Penal Code 242 describes “Battery” as “any willful and unlawful use of force or violence upon the person of another.” It is sometimes described as “assault and battery”, however, assault and battery are not one in the same. Assault only requires an attempt to use force or violence on another. Someone cannot commit battery without first committing assault as assault is a lesser included offense of battery. Therefore, someone can be convicted of both charges, but will only be sentenced for one.
Someone can be convicted of battery even if they do not injure the other person, as long as they make some kind of physical contact that is unwanted by the other person.The slightest touch is sufficient for a battery if it is done in a rude, angry, or disrespectful manner.
Battery can be charged as either a misdemeanor or a felony. Someone can be charged with battery or aggravated battery, depending on the injuries caused. If the battered person doesn’t suffer serious bodily injury, prosecutors will file the case as a misdemeanor. However, if that person assaulted a peace officer or any other protected civil servant, they could still be charged with a felony regardless of the lack of injuries.
Someone convicted of a “simple battery” may face informal probation of up to three (3) years, up to six months in county jail, possible community service, possible mandatory enrollment in a batterer’s program, and a maximum fine of $2,000.
Aggravated battery is a wobbler, so it can be filed as a misdemeanor or felony, depending on details of the situation and/or the suspect’s history. Someone will be charged with aggravated battery if they cause serious bodily harm to the battered person. Serious bodily injury is one that results in a significant injury. Some examples could include loss of consciousness or broken bones. If someone is convicted of aggravated battery, it is considered a violent felony and they will be subject to a “strike” against their record.
Someone convicted of aggravated battery (depending on if it is a misdemeanor or felony), may face:
- informal or formal probation;
- up to one year in county jail or 2,3,or 4 years in prison;
- a maximum $1,000 or $10,000 fine, and for felonies;
- and/or a possible strike on their record.
The most commonly defenses used for this crime is
- self-defense or defense of others;
- consent (i.e. a sport of acting scene);
- it was an accident;
If you or someone you know has been charged with battery, you need the help of an experienced attorney. Call my office at (619) 238-1905 for a free consultation.
