Simple battery is a crime that occurs when you willfully and unlawfully use force or violence upon another person. You can face an arrest and charges for battery even when the victim does not suffer pain or injury. Simple battery is charged under California PC 242, and a conviction attracts serious legal penalties, including incarceration and hefty fines. In addition, having a criminal conviction for battery in your criminal record could impact your life long after serving your sentence.

Facing any criminal charge could be devastating. However, when you face charges for simply touching another person, you may be genuinely confused about the situation. Understanding your charges and deciding the best course of action can be difficult, especially when you are a first-time offender.

If you or a loved one battle simple battery charges, you need expert legal guidance. At California Criminal Lawyer Group, we will offer you the help you require to build a strong defense, beat the charges, and avoid the consequences of a conviction. We serve clients requiring legal guidance and representation in Santa Ana, CA.

Overview of Simple Battery in California

Under California PC 242, simple battery is the act of willful use of force or violence on another person. What comes to most people’s minds when they hear of the term ‘battery’ is severe beatings. However, it is not a requirement that a victim suffered an injury for you to be charged with battery. Even the slightest contact with another person’s body could attract criminal charges and a conviction under this statute. However, if your actions result in serious injury to the victim, you will face charges for aggravated battery which attracts more severe consequences.

During your trial for simple battery, the prosecution must prove these elements before securing a conviction:

  • You Touched Someone Else

Any physical contact with another person meets the definition of simple assault even when the alleged victim does not suffer physical injury. It is essential that touching classified under this statute is not necessarily direct. You can face a conviction for a simple battery for using an object to contact another person’s body.

  • You acted willfully

The term willful means that you committed the act of battery on purpose. When proving that you committed the act intentionally, the prosecution does not need to establish your intent to commit a crime or cause harm to the victim.

  • You Touched the Victim in a Harmful or Offensive Way

While touching does not need to cause injury to qualify as a violation of PC, the prosecutor must prove it was done in a harmful or offensive manner. Another way you can commit an act of battery is by initiating offensive contact with something directly connected to another person.

What is the Difference between Assault and Battery?

A common misconception in criminal law is that assault and battery can be used interchangeably since they are charged together. However, it’s crucial to understand that California law classifies assault and battery as two separate convictions. You commit a crime of assault by committing n act that could cause injury to another person. Om the other hand, battery involves offensive contact or touching directed towards another person. An assault is like a form of attempted battery. In most cases, assault occurs first, followed by battery.

Any harmful or offensive touching could result in an arrest and charges for assault when using force or violence. Both assault and battery are misdemeanor offenses that could attract severe penalties after a conviction. However, since the battery is the actual use of violence or force to the victim, you could suffer far worse consequences after a conviction. Whether you face charges for assault or battery, you will require competent legal guidance to fight the charges.

Penalties for Violating California PC 242

In California, simple battery is a misdemeanor. If you face a conviction for the offense, you could face the following penalties:

  • A jail sentence of up to six months
  • A fine not exceeding $2,000
  • Mandatory attendance to anger management classes

The judge could sentence you to probation for simple battery as an alternative to a jail sentence. This allows you to spend part of your sentence outside the jail cell. However, it is essential to understand that probation is not an alternative for all offenders facing simple battery charges. In most cases, the judge could sentence you to probation if you are a first-time offender and considered low risk.

A probation sentence acts as a way of rehabilitating an offender while still protecting the public. A misdemeanor lasts between one to three years, depending on the circumstances of your case. When sentencing you to probation, the judge will impose conditions that you must comply with while on probation. Some of the common conditions of misdemeanor probation include performing community service and mandatory counseling. Failure to comply with the probation conditions could result in a revocation of your probation and reinstatement of the original jail sentence.

In addition to the legal consequences of California PC 242, a conviction for simple battery could significantly impact your life. The conviction remains in your record for a long time. Criminal convictions are public records in California. Therefore, potential employers could access it and use it as a basis for denying you a job.

Defenses against Simple Battery Charges in California

A conviction for a simple battery will result in more harm to your life than just spending time in jail. Your professional and social life could be significantly impacted by conviction for this crime in your record. Many people could find it challenging to find and maintain meaningful employment with a battery conviction lingering in their record. Therefore, it is crucial to start fighting the charges as soon as you face an arrest or learn of the charges.

One of the wisest decisions you can make when you face charges for violation of CPC 242 is to enlist the guidance of a competent criminal defense attorney. Not all battery charges are solid, and many of them do not result in a conviction. Some of the legal defenses that you can employ in your case to avoid a conviction or have your penalties reduced include:

Claim that You Acted in Self Defense or Defense of Others

Offensive touching done when defending yourself does not meet the criteria for simple battery. However, you can only use this defense in your case if the following facts are true:

  • You had a reasonable belief that you or another person was at risk of harm or battery. It is crucial to understand that although words can be offensive and threatening, what another person says to you cannot be used to justify harmful and offensive touching.
  • You believed that your actions were necessary to defend yourself or another party from foreseeable harm.
  • Your reaction and the amount of force used on the victim were just enough to protect yourself or the other person. If you used excessive force or more than necessary, your self-defense claims could be refuted in court.

No Willful Act

Before the prosecutor can secure a conviction for simple battery in California, they must prove that you willfully touched the alleged victim. If your actions were accidental, your attorney could be able to convince the court that your actions weren’t willful. Some of the instances that could qualify as accidental in a simple battery case include:

  • Contact during a car accident.
  • Accidentally dropping an object, then it hits another person.
  • Tripping on a slippery floor and falling on another person.

Consent

There are instances where you can employ consent to defend simple battery charges. This is especially when a person engages in a sport or activity where the risk of contact is known and acceptable.

Claim that you were Exercising your Parental Right in Disciplining your Child

Sometimes, battery charges could be brought upon a parent who made a genuine attempt to discipline their child. In California, a parent has a right to use physical force to discipline a child. However, the amount of force you use on the child should only be enough to discipline and not harm them. Often battery charges come in connection with child abuse under California PC 273d. If your case of simple battery is based on an attempt to exercise your parental rights, you will need the guidance of a criminal attorney to help demonstrate to the court that you acted within your parental rights of disciplining the child.

As you build your defense in a battery case, it is vital to underset that voluntary intoxication cannot be used to defend a violation of this statute. If you committed a crime while intoxicated, you could not blame your actions on alcohol. This law is based on the belief that a person who consumes alcohol or drugs must understand the effect of alcohol on their judgment and mental function. However, you may be able to fight your charges with this defense if your intoxication was involuntary.

Expunging a Conviction for Battery in California

The consequences that accompany a simple battery conviction go past jail time, fines, and probation. Having a conviction for the offense on your record could be detrimental to your search for employment. Fortunately, you can eliminate the effects of the conviction by seeking an expungement. An expungement allows you to withdraw a no contest or guilty plea and have your case dismissed. This helps release you from all the negative consequences associated with your conviction.

Before you pursue an expungement, you will need to meet the criteria, which includes:

  • Completion of probation. If you were sentenced to probation after your conviction for battery, you must complete your probation before petitioning the court for an expungement. Completing probation means that you meet all the terms imposed during sentencing.
  • You should not be serving a sentence for another conviction. If you are currently serving a sentence for another offense, you cannot be eligible for an expungement.

Although expunging your record will not destroy it or wipe it away, it can benefit you in the following ways:

  • The court will dismiss your case after a successful expungement. This means that potential employers cannot use the expunged conviction to discriminate against you.
  • After an expungement relief, you can comfortably and truthfully answer no when asked about past convictions.
  • It can be easier to obtain a professional license with an expunged record. Additionally, the court will allow you to give witness testimony in a criminal case.

You can expunge your record by filing an expungement petition court. After reviewing your eligibility criteria, the judge can accept or deny your petition. Seeking the guidance of a skilled criminal defense attorney is crucial when you seek this type of relief. Your attorney will help you gather the required documents to file the petition.

Offenses Related to Simple Battery

The battery is a severe offense, and the charges for this crime could attract other criminal charges. Some offenses are related to simple assault in how they occur and have similar elements. These offenses could be charged together with or instead of simple assault, and they include:

Battery Causing Serious Bodily Injury

A battery that causes the victim to suffer serious bodily injury is aggravated battery under California PC 243d. You commit a crime of aggravated battery when you willingly touch another individual in a harmful or offensive manner, causing them serious bodily injury. To prove your guilt under this statute, the prosecution needs to establish that:

  • You willfully touched the alleged victim.
  • You touched the victim in an offensive or harmful way.
  • The victim of your actions suffered serious bodily injury. Under this statute, a severe injury does not require the victim to seek medical attention. The only requirement is that the alleged victim suffered impairment or a physical condition such as broken bones or impairment of a body function.

Under California law, aggravated battery can be charged as a felony or a misdemeanor. If you are convicted of a felony, you will face a two to four-year jail sentence and a maximum fine of $10,000. As a misdemeanor, the crime of battery causing serious injury will result in a one-year jail sentence and a $1,000 fine.

The Battery on a Peace Officer

In California, peace officers are protected. Willful touching of a peace officer while performing their official duty is a crime under California PC 243b. For this statute, a peace officer could be a police officer, a firefighter, lifeguard, code enforcement officer, or an emergency medical technician. The prosecution needs to prove the following elements of crime before establishing an eviction under this statute:

  • You willfully touched another person.
  • The touching was offensive or harmful.
  • The victim was a peace officer, as described above
  • You knew or should have known that the alleged victim was a peace officer performing their duties

The prosecution can charge the battery on a peace officer as a felony or a misdemeanor depending on the factors of your case and your criminal history. As a misdemeanor, the battery of a peace officer attracts a jail sentence of up to one year and a fine of $2,000. For repeat offenders or your actions resulting in serious injury to the peace officer, you could be charged with a felony. A felony conviction under California PC 243b attracts a sentence of sixteen months to three years, a $10,000 fine, or both.

Sexual Battery

The crime of sexual battery occurs when one touches an intimate body part of another individual without their consent and for sexual gratification or arousal. Under California PC 243.4, sexual battery is a serious offense that attracts severe penalties if you are convicted. When establishing your guilt under this statute, the prosecution must establish the following elements beyond a reasonable doubt:

  • You touched an intimate part of another person’s body. One of the essential elements of sexual battery is touching. Touching is considered any form of physical contact. Like a simple battery, any form of slight touching of another person’s intimate body part will attract criminal charges for sexual battery. Contact, in this case, can be through the clothes or using another object.
  • You touched the person without their consent. Even after proving that you touched the victim, the prosecution must prove that you acted without their consent. Sometimes, consent is ineffective, and thus, touching based on this type of consent will not prevent sexual battery charges.
  • You touched the victim for sexual arousal, abuse, or gratification. Touching an intimate part of another person’s body qualifies as a sexual battery if it is done with the purpose of sexual gratification or arousal. If the prosecutor cannot prove your intent, you cannot be found guilty of the crime.

Sexual battery is a wobbler. As a misdemeanor, the offense attracts a six-month jail sentence and fines not exceeding $3,000. A conviction for the crime as a felony will see you spend up to five years in state prison. Additionally, you could be required to pay up to $10,000 in fines or serve felony probation.

Domestic Battery

The crime of domestic battery occurs when you use force on a spouse, fiancé, former spouse, or your child’s other parent. If you were married or had an intimate relationship with the victim of your battery acts, you can be charged with a domestic battery instead of a simple battery. Before you face a conviction for domestic battery, the prosecution must prove the following elements:

  • You willfully touched another person in a harmful or offensive way. Touching done in a harmful or offensive manner is any form of unwelcome physical contact. A prosecutor does not need to prove that you touched the person intending to cause injury to the victim.
  • The alleged victim was your intimate partner. Under this statute, an intimate partner could be a former spouse, current spouse, a person you have a sexual relationship with, or your child’s other parent.
  • You did not act in self-defense or the defense of another person. The prosecutor must prove that you were not responding to a situation that put you or another person in danger when you acted.

Domestic battery is charged as a misdemeanor under CPC 243e1. A conviction for the offense is punishable by up to one year in county jail and fines not exceeding $2,000. Sometimes, the judge could award you summary probation as an alternative to jail time. In this case, you will spend part of your jail sentence on a probation program.

As a condition of probation, the court will require you to complete a batterer’s intervention program or attend counseling. Additionally, the judge could issue a restraining order against you. The restraining order, in this case, is a requirement for you to avoid contact with the victim. After a conviction for domestic battery, you could lose your right to own use or purchase a firearm.

Find a Skilled Santa Ana Criminal Defense Attorney Near Me

California Penal Code 242 defines simple battery as unlawful and willful violence or force upon another person. California law takes willful touching or violence against another person seriously. Small actions such as bumping into another person or posing them could result in an arrest and charges for simple battery. Facing charges under this statute could be complicated since there is no requirement for the alleged victim to show any signs of physical injury. While the acts that constitute simple battery could seem minor, a conviction for the offense will result in serious legal consequences.

A conviction for violating PC 242 could see you spend time in jail and pay hefty fines. Fortunately, an arrest for the simple battery will not always end in your conviction. With the guidance of a competent criminal lawyer, you can build a strong defense and tell your side of the story to avoid a conviction. At California Criminal Lawyer Group, we understand the significant consequences that a conviction for simple battery could have on your life. If you face criminal charges for simple battery in Santa Ana, CA, you will need us by your side. Call us today at 714-844-4151 to discuss the details of your case.