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Battery Overview – Penal Code Section 242
Wallin & Klarich has been representing clients who have found themselves accused of battery charges cases throughout Southern California for almost thirty years. We know how to win these cases.
Under California Penal Codes Section 242, battery is defined 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. While Assault, under California Penal Code Section 240, is essentially defined as an attempt to commit battery.
In many battery cases our law firm can successfully defend the case by raising “self defense” as a strong argument in your favor. In most altercations when you do your homework and investigate the facts of the case we often find that the situation was really “mutual combat.”
In other battery cases we can successfully argue that what actually occurred was an “accidental touching” as opposed to intentional conduct. Wallin & Klarich has had years of positive outcomes with numerous dismissals of battery charges by doing proper investigation and then bringing forth evidence to show the “true facts” of a case. For example:
- Did the “victim” provoke you in any way?
- Were there witnesses to your interactions?
- Does the “victim” have a reputation of being violent?
- Were you trying in any way to protect yourself or someone else?
- Could your “touching” have been in any way accidental?
- Did you truly have the ability to use physical force on someone at the time of the incident?
If you are smart enough to retain our law firm as soon as you are arrested that may give us enough time to speak with the prosecuting attorney and try to convince him or her to dismiss the charges before they are formally filed. This could result in lighter charges being filed in the first place, expediting your defense and removing the chilling possibility of a felony charge on your record. Contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com. We can help.
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Battery Prosecution – Penal Code Section 242
In order to convict you of misdemeanor battery in California, the prosecuting agency must prove the following two elements:
- The defendant willfully and unlawfully touched the alleged victim in a harmful or offensive matter; AND
- The defendant did not act in self-defense, in defense of someone else, or while reasonably disciplining a child.
Battery with Serious Bodily Injury Prosecution – Penal Code Section 243(d)
In order to convict you of felony battery in California under Penal Code Section 243(d), the prosecuting agency must prove that the victim suffered serious bodily injury. A “serious bodily injury” is one that results in a significant injury.
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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.
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Battery Sentencing & Punishment – Penal Code Section 242
A simple battery, charged under California Penal Code Section 242, is a misdemeanor punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment.
When a battery is committed on a peace officer, firefighter, emergency medical technician, paramedic, etc., the battery is punishable by a fine not exceeding two thousand dollars, or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.
If the battery is charged as a felony because the victim suffers a great bodily injury, it will be labeled a violent felony. If you are found guilty of a violent felony, this will subject you to a “strike” under California’s Three Strikes Law.
Strike convictions have a tremendous and potentially devastating effect because any future conduct will be punished more severely. If you have a prior strike, be aware that if at anytime in your life you are convicted of a new felony, your potential sentence may be doubled by the court. It is important to consult with Wallin and Klarich, an experienced arson defense law firm, to determine the consequences of a strike conviction.
Sexual battery charges under California Penal Code Section 243.4 can also be very serious criminal allegations. This charge can be filed as a felony or misdemeanor. If you are found guilty of a felony violation of California Penal Code Section 242.4 you can be sent to prison and this can act as a “strike” or serious felony. You should call Wallin & Klarich today to discuss your options with our knowledgeable Orange County battery defense attorneys if you find yourself facing such charges.
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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.
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Testimonials
Assault and Battery
I was in a state of shock when I was arrested for attempted battery on a police officer and resisting arrest. I knew I was innocent of these crimes and knew that I needed to find the right criminal defense attorney to help me fight my case. I wasn’t comfortable with the first attorney I met with but I knew immediately that I was in good hands after meeting with my attorney from Wallin & Klarich. I knew my attorney believed in me and my case and would fight the charges to the bitter end. My attorney pushed my case to the day of trial and that is when the District Attorney dismissed all of the charges against me. Thank you Wallin & Klarich for standing by me and I would recommend your services to anybody facing criminal charges in Southern California.
– D. M.
My wife and I wish to thank you all for your efforts on behalf of our Grandson, William J. Marsh over the last six months. Both Bill and our Granddaughter Deborah have kept us informed of the progress that was being made and reassured us of their confidence in your ability to provide him the best defense possible. We believe you have been able to justify their confidence when we learned the decision.
At our age 88 and 85 respectively, it leaves us with the hope that we will be able to see him again. Thank you so very much.
– R.E.M.
I’m writing to thank you for the outstanding legal work you did on my son’s assault case. Bill and I are both extremely pleased with the final outcome and thank you for the significant efforts made in his defense. During my career as a worker’s compensation manager for a large aerospace corporation, I worked closely with many lawyers so I have a good instinct for quality legal expertise and talent. The cream always rises to the top!
With deep gratitude,
– I.M.
I was charged with 3 Felony Counts of Aggravated Assault with a Deadly Weapon and Great Bodily Injury – all serious and violent strikes. I was facing the possibility of many years in prison. My attorney David Cohn believed in my innocence and fought hard for my freedom. After fully discussing the factual details and legal defenses of my case with me and my family, he advised that we should take my case to Preliminary Hearing, and ultimately Trial, instead of settling for a plea bargain that would land me in jail with a criminal record. He was very confident that we had some powerful legal and factual issues.
Mr. Cohn was fully prepared for Preliminary Hearings, but advised me that the prosecution’s burden of proof at prelim was very slight and therefore it would be a very difficult task to get the charges dismissed at the prelim. After Mr. Cohn’s cross-examination of five witnesses and arguments to the court, the judge dismissed all charges pending against me! I am very grateful and thankful for Mr. Cohn’s hard work and dedication to my case. Thank you Wallin & Klarich.
– N.L.
Thank you so very much for the wonderful work you did for my son. I appriciate all that you are doing to help us. I didn really get a chance to say thank you when we left court. I hope you know that your truly appriciated.
– D.C.
I recently retained your law office for my son, Scott Berdequez. From my initial call, I was treated professionally, but as that same time with compassion. The call back from you was immediate. I was assigned a Wallin & Klarich attorney. He too was very professional. He treated my son and me on a very personal level. His expertise helped reduce my son’s sentence for which we are both grateful.
– S.W.
“I John B. was accused of a misdemeanor charge of assault and battery charges. The attorneys of Wallin & Klarich presented my case in the best light to the court and negotiate with the District Attorney. In the end my charges were DISMISSED. Without the expert advice and guidance of Wallin & Klarich I could have lost my job. I am grateful to Wallin & Klarich for their help. I would recommend them highly to anyone facing a similar situation or any criminal charge.”
– J.B.
I, Juan Flores, was very pleased with the services I received from WALLIN & KLARICH regarding my recent criminal matter.
My Wallin & Klarich Attorney handled the matter with professionalism and his dealings with the district attorney was to my satisfaction. My attorney was able to negotiate with the DA and they ultimately agreed not to file formal charges against me. The case was dismissed and the bond was exonerated. I would be pleases to recommend WALLIN & KLARICH to my family and friends and would use their services again if needed in the future.
– J.F.
“I was arrested with four other individuals. Thanks to the services of Wallin & Klarich I received no jail time and a reduction in the charges I faced. The other individuals all were represented by other attorneys and they all received jail time and had to plea to burglary charges. I am extremely grateful to my attorney at Wallin & Klarich and the services they provided me. I would recommend them to anyone else.”
– A. E. R.
Assault with a Deadly Weapon
“I have a neighbor who was harassing me, coming onto my property without permission and riding his bicycle on my property. I was ultimately charged with assault with a deadly weapon but the District Attorney’s office did not file charges until almost two years later. I hired Wallin & Klarich and they recalled my warrant and got my case dismissed due to the District Attorney’s violation for lack of a speedy trial. Wallin & Klarich kept me out of jail and kept my record clear.”
– E. H.
“I sold some furniture, to friend at the time, who later refused to pay the balance owing. I later approached him to discuss the money owed and he started a big fight. I then defended myself. I was arrested for felony assault with a deadly weapon because I won the fight he started when I returned a blow that connected and knocked him down. The District Attorney would not offer anything less than a felony, Wallin & Klarich took the case to trial and won, allowing me to work and live with no felony record.”
– T. S.
“Thank you for the wonderful job that you have done on behalf. When I was arrested in May of this year, I was very frightened. I was charged with “assault with a deadly weapon” and if convicted, I was looking at not only a strike (as in three strikes and you’re out) but also some serious jail time. The legal representation from Wallin & Klarich was outstanding. The tactics used by my attorney persuaded the court to dismiss all charges. I am forever thankful to Wallin & Klarich.”
– W. S.
“Recently I used the services of attorneys at the law firm of Wallin & Klarich. I was referred to this law firm by CTA after my arrest. A student alleged that I had assaulted him and I was subsequently arrested. In my initial consultation with Mr. Klarich the allegations were discussed and I retained the services of Wallin & Klarich. I was facing misdemeanor charges, which could have resulted in one year’s incarceration in the County jail, fines and the loss of my job as a teacher. In spite of the seriousness of the situation, I feel confident that my case was in the hands of the competent and knowledgeable attorneys. My attorney spoke with me, responded promptly to my calls, and kept me informed of all actions and the status of my case. My attorney met with the District Attorney on several occasions; advised me on the submission of statements of others and myself, and spoke with the investigating detective. Because of these ongoing and persistent efforts by Wallin & Klarich on my behalf no charges were ever filed and no Court appearance was required.”
– A. Z.
“I retained the services of Wallin & Klarich after I was arrested for battery in May 2000 in Pasadena, California. I met with my attorney to discuss my case and found him to be honest, highly professional as well as very personable. He discussed my case with me thoroughly and I left his office feeling at ease and confidant enough in him to make any and all professional judgements on my behalf.
Although it was my first offense, the Pasadena District Attorney’s office filed two charges of battery against me in June. I was facing a possibility of Incarceration and/or fines. Because my attorney was experienced and familiar with the court where my case was pending, he was able to negotiate a resolution with the District Attorney. I received no jail time, no fines and my case was dismissed after I completed a short-term counseling class. I would like to extend my gratitude to Wallin & Klarich for having such a knowledgeable and skilled attorney on your staff.”
– E. B.
“When I was charged with assault I knew I had serious problems. So I hired the law firm of Wallin & Klarich to represent me. Due to my ongoing medical problems, the case was dragged on for a long time. After several months, my attorney was able to convince the District Attorney’s office to substantially reduce the charges. I pleaded guilty to disturbing the peace (an infraction), and paid a small fine. Thank you Wallin & Klarich for helping me with my legal problems. I would recommend your services to anyone who finds themselves in this type of difficult situation.”
– C. M.
“It has been my extreme pleasure to have had Wallin & Klarich law firm represent me in my legal matters. My attorney did a great job keeping me informed on my concerns due too my case. He handled the situation in a professional manner and explained everything thoroughly as the case went on. So I could spend more time at home with my family. They also work with me on a monthly payment plan to take care of their legal services, which was very helpful. Thank you.”
– S. R.
“Our son was taken into custody for assault with a deadly weapon. He was looking at a maximum exposure of 4 years at the California Youth Authority. Our sons’ lawyer was able to resolve the case for home on probation and some community service. Our son means a lot to our family and we are very thankful to Wallin & Klarich for the extremely positive results obtained. We will recommend Wallin & Klarich to all our friends.”
– Mr. & Mrs. B.
“I was charged with a misdemeanor battery. Wallin & Klarich lawyers fought to keep me out of jail. I am glad they did. I am pleased to have been represented by such hard working lawyers. Wallin & Klarich have assembled the best talent of lawyers.”
– T.M.
“I had an argument with my neighbor after she yelled at my son for going into her yard to retrieve his ball. She called the police and advised them that I had assaulted her. I hired Wallin & Klarich to represent me, as I proclaimed my innocence. My attorney at Wallin & Klarich handled my case and was able to point out to the District Attorney the problems with the case. Wallin & Klarich was able to get the assault charges dismissed against me. I would recommend the services of Wallin & Klarich to you if you want an attorney that is very familiar with the courts, has a good reputation in these courts and will fight for you.”
– R. G.
I was charged with 3 felony counts of aggravated assault with a deadly weapon and great bodily injury – all serious and violent strikes. I was facing the possibility of many years in prison. My Wallin & Klarich Attorney believed in my innocence and fought hard for my freedom. After fully discussing the factual details and legal defenses of my case with me and my family, he advised that we should take my case to Preliminary Hearing, and ultimately trial, instead of settling for a plea bargain that would land me in jail with a criminal record. He was very confident that we had some powerful legal and factual issues to support our case.
My attorney was fully prepared for the Preliminary Hearing, but advised me that the prosecution’s burden of proof at the prelim was very slight and therefore it would be a very difficult task to get the charges dismissed at prelim. After the cross examination of five witnesses and argument to the court, the judge dismissed all charges against me. I am very grateful and thankful to Wallin & Klarich for their hard work and dedication to my case. Thank you Wallin & Klarich.
– N.L.
