San Diego Battery Attorneys | California Penal Code 242

Under California Penal Code 242, battery is defined as the willful and unlawful use of force or violence upon another person. Battery can range from punching someone to minor, offensive contact, even through clothing. The victim does not need to suffer serious physical injury for a conviction to occur.

Key Elements of Battery

• The perpetrator intentionally committed an act that caused force or contact
• The act was done willfully, meaning it was done purposefully
• The act was unlawful, regardless of intent to injure

Note: If certain elements are missing, the prosecution may charge under Assault under PC 240, often called “attempted battery.”

Penalties for Battery

Battery is usually charged as a misdemeanor. Punishments may include:

• Fines up to $2,000
• Up to 6 months in county jail
• Both fines and jail time

Aggravating factors, such as victims being police officers, school staff, elders, or public transportation personnel, may increase penalties under related statutes (e.g., PC 243(b), PC 243.3, PC 243.5).

Defenses to Battery

Common defenses include:

• Consent of the victim
• Self-defense or defense of others
• Reasonable discipline (for child battery)
• Insufficient evidence or lack of intent
• Duress, intoxication, insanity, or mistake of fact

An experienced San Diego criminal defense attorney can evaluate which defenses apply to your case.

Contact an Attorney

Charged with battery? Call Anton Vialtsin, Esq. at (619) 357-6677 for a consultation and strong legal representation.

Related Crimes

Learn about other related California criminal offenses:

• Assault (PC 240)
• Assault with a Deadly Weapon (PC 245)
• Resisting Arrest
• Burglary
• Theft Crimes
• Robbery