Facing Battery Charges in California?
Battery is a criminal offense involving the willful and unlawful use of force or violence against another person. It can include anything from a shove or push to fist fights causing serious injury. The specific charge and penalty may vary based on the specific circumstances, including the extent of any injury, the identity of the alleged victim, and the nature of the conduct.
If you have been accused of battery in Vista or elsewhere in North San Diego County, a criminal defense attorney can play an important role in helping you fight the charges. Call (760) 643-4050 to schedule a free consultation with lawyer Peter M. Liss to discuss your case and defense options.
What is Battery Under California Law?
Battery is defined under California Penal Code 242 (PC)1 as “any willful and unlawful use of force or violence upon the person of another.” In other words, it involves intentionally using force against another person in an illegal manner.
What Can Be Considered Battery?
Battery can include a wide number of activities, which do not need to cause injury. In some cases, the contact may even be indirect. Examples include:
- Punching
- Kicking
- Shoving
- Aggressive poking
- Angrily throwing an object
- Spitting on someone
- Grabbing at someone’s clothing
- Touching someone in an unwelcome, unlawful manner
Battery Vs. Assault
Although battery and assault are often mistaken for one another, they are two completely different crimes under California law, each carrying their own distinct criminal penalties. “Assault, covered by California Penal Code section 240 (PC),2 is an immediate threat or attempt to injure someone paired with the ability to do so,” explains Liss, “but battery, covered under Penal Code section 242 (PC), is the actual willful and unlawful use of force against another person.”
Assault can be charged without any physical contact, though battery typically requires contact —though it may sometimes be charged after indirect contact. Both offenses can be charged without any injuries.
Learn more about the difference between battery and assault.
Types of Battery Charges in California
In California, you may be charged with battery under different penal codes, depending on the circumstances. The most common charges include:
Simple Battery: 242 (PC)
Most battery charges are filed under this code, which involves willfully using force or violence against someone in an unlawful manner.
Battery Causing Serious Bodily Injury: 243(d) (PC)
Sometimes referred to as “aggravated battery,” this offense can be filed if a battery victim suffers serious bodily injury, such as loss of consciousness, broken bones, or serious wounds.
Battery Against a Peace Officer: 243(b) and (c) (PC)
Enhanced penalties may apply when battery is committed against certain protected individuals, including peace officers, firefighters, EMTs, lifeguards, and others, while they perform their duties. The applicable statute and penalty depend on the victim’s occupation, whether they were performing protected duties, whether the defendant knew or reasonably should have known the person’s status, and whether injury occurred.
See our dedicated battery on peace officers page for more information.
Domestic Battery: 243(e)(1) (PC)
When someone commits battery against a spouse or other intimate partner, including previous partners, they may face charges for domestic battery, a form of domestic violence.
See our dedicated domestic battery page for more information.
Sexual Battery: 243.4 (PC)
Battery can include unwanted touching. When unwanted touching is sexual in nature, it can be charged as sexual battery, a form of sexual assault.
See our dedicated sexual battery page for more information.
Battery Penalties in California
Specific sentencing for a battery offense depends on the applicable legal code. Specifically:
Simple Battery
Sentencing for simple battery is set forth under 243(a) (PC).3 The offense is always a misdemeanor, punishable by no more than 6 months in jail and a fine of $2,000. Those with prior convictions may face enhanced sentencing.
Battery Causing Serious Bodily Injury
Under 243(d) (PC), when battery results in serious bodily injury, defendants may be charged with a misdemeanor, punishable by up to one year in jail, or a felony, punishable by up to four years in prison.
“Even if the charge is filed as a felony, the judge can reduce the charge to a misdemeanor at any stage of the case,” explains Liss. “This is thanks to a new change in the law under 17(b)(5)(A) (PC), which previously only allowed judges to lower a felony charge to a misdemeanor up to preliminary hearing.”
Battery Against a Peace Officer
Sentencing for battery against a peace officer varies based on whether the protected individual suffered an injury. When no injury occurs, the charge is filed under 243(b) (PC), a misdemeanor punishable by up to one year in jail and $2,000 in fines.
If the victim suffers even a minor injury, prosecutors may file charges under 243(c) (PC), which can be a misdemeanor or felony. When filed as a misdemeanor, the maximum sentence is one year in jail, while felony charges carry a maximum of three years in prison. If great bodily injury occurs, an enhancement may apply under Penal Code 12022.7 (PC),4 bringing the maximum sentence to up to eight years.
Domestic Battery
Charges filed under 243(e)(1) (PC) are misdemeanors, punishable by up to one year in jail and $2,000 in fines. Additional consequences may apply, including restraining orders and future restrictions on firearm ownership.
Sexual Battery
Those convicted under 243.4 (PC)5 face a maximum sentence of 6 months in jail and $2,000 in fines. They will also be required to register as a sex offender for at least 10 years. Enhancements may apply if the victim was restrained, disabled, unconscious, or an employee of the defendant.
Battery and the Three Strikes Law
“As a violent offense, felony battery may be a strike in some circumstances,” warns Liss. Misdemeanor offenses are not strikes, but felony charges for battery causing serious bodily injury or against a protected official who suffers even minor injury can result in a strike being added to your record.
Having a previous strike on your record can greatly increase your sentence.
Learn more about the Three Strikes Law.
Defenses to Battery Charges
Many defenses may apply in these cases; however, not every defense will apply to every case. Do not talk to the police without an attorney present, or you may say something that could limit your ability to use a specific defense later. If you have been accused of battery under 242 (PC), speak to a lawyer to learn which defenses may apply to your specific case. Depending on your situation, your attorney may argue:
Self Defense
In many cases, a lawyer may argue that you used force or violence in self defense or in defense of others. “This is a full defense to the charges, but it applies only if you reasonably believed you or someone else was in imminent danger and used a reasonable force given the circumstances,” explains attorney Peter Liss. “You do not need to retreat to use self defense.”
Insufficient Evidence
To prove these charges, the prosecution must show the act:
- Was willful,
- Unlawful, and
- Involved the use of force or violence.
To weaken their case, your lawyer may file motions to suppress evidence obtained unlawfully or argue that you did not meet all three elements of the charge.
No Serious Bodily Injury
For charges under 243(d) (PC), prosecutors must show that the victim suffered serious bodily injury. “While the law sets specific standards for serious bodily injury,” explains Liss, “it is still often debatable whether a particular injury meets them.” If your lawyer successfully argues these standards are not met, the charges may be reduced.
Accidents
By definition, battery must be willful. If someone accidentally elbows another person in the face while pulling their arms back to stretch, they did not break the law.
Lawful Use of Force
While mutual combat in a street fight is illegal even if both parties agree to the use of violence, there are some situations where it is legal to use force against another person. Common examples include martial arts and boxing classes and matches. Similarly, security guards and other individuals making lawful citizens’ arrests may use the minimum amount of force necessary to make the arrest.
False Allegations
Since battery often involves a conflict between two people, false allegations are notoriously common. For example, the friends of someone who instigated a fight may accuse the victim of starting it.
Can These Charges be Reduced?
Sometimes it is possible to have charges filed under 243(d) (PC) or other enhanced battery charges reduced to simple battery. Reductions are sometimes possible when a lawyer can show that, while the incident meets the elements of simple battery under 242 (PC), it does not meet the elements of an enhanced charge.
In other cases, the San Diego District Attorney may offer to reduce battery charges if the defendant agrees to take an anger management course. “If a defendant is proactive at the start of the case and enrolls in an anger management course or goes to counseling, explains Liss, “this can often help plea bargain negotiations because it shows the defendant is serious about changing his behavior.” Sometimes a defense attorney can help you enter a program that may reduce the criminal charges you face before you ever go to court.
Related Criminal Offenses
Individuals accused of battery frequently are also charged with:
A Vista Battery Defense Attorney Can Help
When you call Peter M. Liss to represent you against 242 (PC) charges, he will immediately get to work on:
- Seeking your release from jail
- Reviewing the prosecution’s evidence against you
- Developing a defense tailored to your unique circumstances
- Filing pretrial motions to support your defense
- Negotiating a plea bargain to minimize your potential sentence
- Fighting the charges in court, when necessary
If you have been accused of battery or any violent crime in San Diego County, please call (760) 643-4050 to schedule a free consultation to discuss your case.
Frequently Asked Questions About Battery in San Diego County
Is Battery a Misdemeanor or Felony in California?
Simple battery, the most common form of battery, is a misdemeanor. However, battery can sometimes be charged as a felony, depending on the severity of the victim’s injuries, the identity of the victim, the defendant’s record, and other factors. A lawyer can help clarify which specific charges you may face.
Does Battery Require an Injury?
No. As long as physical contact occurred, you can be accused of battery if you willfully used unlawful force against another person. In some cases, even indirect contact can result in battery charges. For example, you could be charged for throwing an object at someone or spitting on another person.
Can You be Charged With Battery for Pushing Someone?
Yes, depending on the circumstances. If you gently push your friend’s shoulder while bantering, you probably wouldn’t be accused of battery. If you angrily push someone you’ve been arguing with, though, you could be.
Can You be Charged With Battery if You Were Defending Yourself?
You may be arrested or even charged with a crime if you claim you were acting in self defense. However, a full, valid self defense claim is a full defense to battery charges. If you can show you reasonably believed you or another person were facing imminent harm and did not use an unreasonable amount of force to stop the threat, your attorney may be able to have the charges dropped.
Can Battery Charges be Dismissed?
Yes. Prosecutors are most likely to drop charges when the defendant can show they acted in self defense. Charges may also be dismissed when there is insufficient evidence.
What Happens if a Battery Victim Doesn’t Want to Press Charges?
While prosecutors consider the victim’s wishes when deciding whether to file charges, they can still file charges even if the victim opposes it. Ultimately, the charging decisions are exclusively up to the District Attorney.
Can Battery Against a Police Officer be a Felony?
Yes, if the officer is injured, the charge may be filed as a felony or misdemeanor. If the victim is uninjured, the offense will be charged as a misdemeanor.
Legal References
- Penal Code 242 (PC) (California Legislative Information) ↩︎
- Penal Code 240 (PC) (California Legislative Information) ↩︎
- Penal Code 243 (PC) (California Legislative Information) ↩︎
- Penal Code 12022.7 (PC) (California Legislative Information) ↩︎
- Penal Code 243 (PC) (California Legislative Information) ↩︎
