California Penal Code Section 242
by
Randy Collins on Feb. 21, 2012
Summary: Battery under California Penal Code Section 242, is a subdivision of California Penal Code 240 for assault. It is a misdemeanor offense that is punishable by six months in jail and a maximum fine of up to two thousand dollars.
Battery under California
Penal Code Section 242, is a subdivision of California Penal Code 240 for
assault. It is a misdemeanor offense that is punishable by six months in jail
and a maximum fine of up to two thousand dollars.
As with assault, battery that is conducted on an Executive Officer carries even greater fines.
Let’s first clarify what Battery is under California Penal Code 242 is: It is when someone makes contact with someone, and this contact, whether a hit, pull, tug or any other form of touching is perceived to be insulting or aggressive to the victim. No one has to suffer bodily injury in a battery case. It could be a mere incidence where someone pokes someone with a stick, and this action was meant to be offensive.
The term battery can sometimes be used interchangeably with assault and battery, however the definitions and punishment vary between the two.
In order to take a battery case to trial, certain element of the crime will have to be proven and these include that the defendant:
· Willfully made contact with someone using force
· This contact was deemed to be aggressive or insulting by the victim
If there is physical injury, charges can be increased to aggravated battery under California penal code section 243 (d)
Other fines include one or more of the following:
- Participation in batterer’s program
- An informal probation
- Community service
A good lawyer can present many legal and valid defenses for battery charges. A legal defense team like MacGregor and Collins can argue that the guilty party was falsely accused, or that they were acting in self defense, should they be innocent.
The conditions for battery are never clear cut, as there are many other cases of battery under California law, including sexual battery, aggravated battery, assault with a deadly weapon and more. The judge will have to scrutinize all aspects of the case, and the circumstances under which a battery took place in order for justice to run its course.
Learn more about other California Section Penal Codes here.