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.
