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.