Practice Area
Battery Defenses – Penal Code Section 242
Self-Defense or Defense of Another
Self-Defense is a defense to battery. The defendant is not guilty of battery if:
- The defendant reasonably believed that he or someone else was in imminent danger of suffering bodily injury or was imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; AND
- The defendant used no more force than was reasonably necessary to defend against that danger.
It is important to note that belief in future harm is not sufficient for a claim of self-defense or defense of others, not matter how great or how likely the harm is believed to be.
Defendant Lacked the Requisite Intent to Commit Battery
Under California Battery law, the defendant must have committed the act willfully. It is not sufficient for a conviction for battery that a person acted accidentally. In order to be convicted the prosecutor must prove the defendant’s requisite intent to apply force to the alleged victim.
Often whether an accused is found guilty or not guilty of an battery offense will depend upon the issue of the defendant’s “specific intent” upon entering the location in question. This means that the freedom of our clients often depends upon the “circumstantial” evidence we are able to present to show that our client did not have the required specific intent to be convicted under California Penal Code Section 242.
Intoxication
Intoxication may be a viable defense to Battery under California Penal Code Section 242. Evidence to establish the intent is almost always circumstantial. The defendant may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent.
Consent
In some cases we can show that the alleged victim actually consented to the battery. That is, if we can show that the contact was invited or even welcomed, then our client will not be found guilty of battery.
Parental Right to Discipline a Child
Parents are allowed to use physical force to discipline their children under California Penal Code Section 273a(a). However, the force must (1) be “reasonable”, and (2) not be excessive under the circumstances.
