Assault And Battery
California Penal Code 232, defines battery as any willful and unlawful use of force or violence on another person or even just touching someone in a harmful or offensive way. Obvious batteries are punching and kicking someone but also includes spitting at someone. There does not have to be a visible injury to constitute battery, although a visible injury makes the prosecution’s case stronger.
People often use the phrase “assault and battery.” However, under California law, assault and battery are two separate crimes. California assault law, Penal Code 240, defines an assault as an attempt to use force or violence on another person. Battery, on the other hand, is the actual use of force or violence on that person.
Simple battery is a misdemeanor and the penalties for it in most cases include a fine of up to $2,000, up to six months in county jail, or both. However, if you commit a battery against a police officer, firefighter, Emergency Medical Technician, or other protected person, you may be charged with the more serious crime of battery on a peace/police officer. This offense is a ‘wobbler’, which means it may be charged as a misdemeanor or a felony under California law.
People often use the phrase “assault and battery.” However, under California law, assault and battery are two separate crimes. California assault law, Penal Code 240, defines an assault as an attempt to use force or violence on another person. Battery, on the other hand, is the actual use of force or violence on that person.
Simple battery is a misdemeanor and the penalties for it in most cases include a fine of up to $2,000, up to six months in county jail, or both. However, if you commit a battery against a police officer, firefighter, Emergency Medical Technician, or other protected person, you may be charged with the more serious crime of battery on a peace/police officer. This offense is a ‘wobbler’, which means it may be charged as a misdemeanor or a felony under California law.
Examples of Defenses Against Battery
The most common defenses against battery are self-defense and defense of others. Under California law, you have the right to defend yourself or other people if threatened with harm or violence. If someone attacks you, you have the right to fight back reasonably. However, the law does make a distinction between self-defense and “mutual combat”, which is when both parties willingly initiate the physical violence.
Sometimes people make physical contact with others by accident. For example, someone knocks into another person in a crowded area by accident. In this example, this would not constitute battery as it was not willfully done.
In cases where you are charged with battery on your child, you can argue that you were acting within your rights to responsibly discipline your child.
Consent is often a defense to battery if a person engages in an activity where there is a widespread acceptance of the risk of battery. This usually applies to contact sports games or other inherently dangerous activities. Whereas a hockey player assumes the risk of battery, defendants can exceed the scope of consent to a dangerous sport.
If a defendant can show that he or she was involuntarily intoxicated, the defendant will not be found guilty of the battery. However, a defendant who commits battery while intoxicated cannot claim voluntary intoxication as a defense.
Sometimes people make physical contact with others by accident. For example, someone knocks into another person in a crowded area by accident. In this example, this would not constitute battery as it was not willfully done.
In cases where you are charged with battery on your child, you can argue that you were acting within your rights to responsibly discipline your child.
Consent is often a defense to battery if a person engages in an activity where there is a widespread acceptance of the risk of battery. This usually applies to contact sports games or other inherently dangerous activities. Whereas a hockey player assumes the risk of battery, defendants can exceed the scope of consent to a dangerous sport.
If a defendant can show that he or she was involuntarily intoxicated, the defendant will not be found guilty of the battery. However, a defendant who commits battery while intoxicated cannot claim voluntary intoxication as a defense.