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Under California Penal Code 232, battery is defined as any willful and unlawful use of force or violence on another person, including harmful or offensive touching. Common examples include actions like punching, kicking, or even spitting on someone. It is important to note that visible injury is not required to prove battery, though visible injuries can strengthen the prosecution’s case.
The phrase “assault and battery” is often used together, but under California law, they are separate crimes:
Simple battery is generally a misdemeanor, punishable by:
If the battery is committed against certain protected persons, such as police officers, firefighters, or EMTs, it may be charged as the more serious crime of “battery on a peace officer.” This offense is considered a ‘wobbler,’ meaning it can be charged as either a misdemeanor or a felony.
Common defenses to battery include:
Under California law, individuals have the right to defend themselves or others when threatened with harm. This defense allows reasonable force to repel the threat. However, “mutual combat” (where both parties willingly engage in violence) does not qualify as self-defense.
If the physical contact was accidental, such as bumping into someone in a crowded area, this does not constitute battery, as there was no willful intent.
If charged with battery involving a child, a parent may argue that they were exercising their right to responsibly discipline the child.
Consent is a common defense when individuals willingly engage in activities with an assumed risk of battery, such as contact sports. While a hockey player assumes this risk, defendants can be held liable if they exceed the scope of consent by using excessive force.
If a defendant was involuntarily intoxicated, they may not be found guilty of battery. However, voluntary intoxication cannot be used as a defense.
If you are facing battery charges, contact us to discuss possible defenses and protect your rights.
