Battery encompasses California Penal Code 242, and is usually filed as a misdemeanor offense.
This can however escalate to other fines and charges, depending on certain factors discussed below. Battery is defined as directing force and/or violence toward another party. The victim would have also considered this action to be offensive or abusive.
An example would be Mark swinging a bat a Steve, with the intention to hit him. Even though it might have missed, it’s still considered a battery offense as the intent was to injure the other party.
As a misdemeanor, the fines are up to two thousand dollars and up to six months in jail. Other punishments include participation in a batterer’s program, community service, and a possible informal probation for up to three years.
For victims who suffer from extensive injuries, or those who commit a battery against an executive officer, this is normally filed as an aggravated battery offense.
More related offenses include:
Assault – which is defined as acting in a manner that would result in force or violence
Aggravated Battery – committing a battery that leads to serious bodily injury
Assault with a Deadly Weapon – which is essentially committing an assault, with a weapon considered to be deadly
Domestic Battery – which is committing a battery, but this time it’s directed at a spouse or partner
Sexual Battery – which is touching someone sexually without their consent
These individual crimes have their respective penalties and fines under California Penal Codes. Aggravated Battery under California Penal Code 243 D for example, can be filed under a misdemeanor or felony. The fines include:
· Misdemeanor of up to one year in jail and a thousand dollar fine
· Felony two, three or four years in prison and a ten thousand dollar fine
Simple Battery under CPC 242, merely scratches the surface on the wide branches of batteries, assaults and related offenses. Common legal defenses for the crime include self defense, an act that was consensual, an accident, or other defenses along these lines.
If you are facing battery charges for California Penal Code Section 242 and were falsely accused, the OC criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.