Battery FAQs – Penal Code Section 242

What is the Difference between “Assault” and “Battery”?

Battery, under California Penal Code Section 242, is defined by the state of California as willful use of force or violence on another person. Any physical contact to which the other person has not consented can be construed as battery. Assault, under California Penal Code Section 240, essentially, is defined as an attempt to commit battery.

When is an act “willful”?

An act is willful when a person does the act on purpose. It is not required that he or she intend to break the law, hurt someone else or gain any advantage.

What does “touching in a harmful or offensive manner” mean?

The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.

A knowledgeable criminal defense attorney can advise you as to the relevant case law and current state of the law. If you or someone you love is facing battery charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com for a consultation of your case. We can help you.