San Diego Criminal Defense

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San Diego Criminal Lawyer

Simple Battery

California Penal Code 242 (PC 242)

 

Definition of Battery:

 

Battery is the willful use of force or violence against another person. 

 

Examples of behavior that could lead to a battery charge (PC 242) are:

 

* Striking another person with any part of your body, no matter how slight. . 

 

* Throwing something at another person, and that object actually strikes the person. 

 

* Paying someone to beat someone up for you is also a form of battery

 

 

Punishment for Battery:

 

The penalty for Battery may be different depending on a person's prior history and parole status.  The penalty for a first time offender convicted of Battery is a misdemeanor, puishable by up to six months in jail, or a fine of up to $1,000, or some combination of both.  

 

 

To prove that the defendant is guilty of Simple Battery, the Government must prove that:

 

1. The defendant willfully [and unlawfully] touched the victim in a harmful or offensive manner;

 

[AND]

 

2. And the defendant did not act in self-defense, the defense of another person or while reasonably disciplining a child. 

 

Clarifying Instructions

 

* Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

 

* The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.

 

* The touching can be done indirectly by causing an object [or someone else] to touch the other person.

 

* Words alone, no matter how offensive or exasperating, are not an excuse for this crime.

 

 

California Penal Code 243 PC

Punishment for Battery

 

A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

 

California Penal Code 243(b) (PC243(b))

Battery of a specific person (Peace office, government agent)

 

PC 243(b) When a battery is committed against the person of a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a peace officer, custodial officer, firefighter, emergency medical technician, lifeguard, security officer, custody assistant, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of his or her duties, nonsworn employee of a probation department, or a physician or nurse engaged in rendering emergency medical care, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

 

 

California Penal Code 243(c) (PC243(c))

Battery of in Performance of Duty

 

PC 243(c)(1) When a battery is committed against a custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, whether on or off duty, or a nonsworn employee of a probation department engaged in the performance of his or her duties, whether on or off duty, or a physician or nurse engaged in rendering emergency medical care outside a hospital, clinic, or other health care facility, and the person committing the offense knows or reasonably should know that the victim is a nonsworn employee of a probation department, custodial officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, or animal control officer engaged in the performance of his or her duties, or a physician or nurse engaged in rendering emergency medical care, and an injury is inflicted on that victim, the battery is punishable by a fine of not more than two thousand dollars ($2,000), by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years.

 

PC 243(c)(2) When the battery specified in paragraph (1) is committed against a peace officer engaged in the performance of his or her duties, whether on or off duty, including when the peace officer is in a police uniform and is concurrently performing the duties required of him or her as a peace officer while also employed in a private capacity as a part-time or casual private security guard or patrolman and the person committing the offense knows or reasonably should know that the victim is a peace officer engaged in the performance of his or her duties, the battery is punishable by a fine of not more than ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by both that fine and imprisonment.

 

California Penal Code 243(d) PC

Battery with serious bodily injury

 

PC243(d) When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.