35+ Years Criminal Defense Experience in California


Penal Code 242 PC Battery – Defenses

Although committing battery is a serious charge under California law, you may be able to raise viable defenses that could entirely release you from criminal liability. Consulting with a battery attorney in the early stages of investigation or upon arrest will help you to best defend your case.

If you are charged with a battery you may raise any of the following defenses, if it is applicable to your case, and can potentially avoid penalty or punishment.

Self-Defense or Defense of Others

You may raise the defense that you acted in self-defense or defense of another if you are facing a prospective battery conviction. You must show that:

Self defense as a defense to a battery charge under penal code 242 PC.
If you were simply acting in self-defense, you can not be convicted of battery under Penal Code 242 PC.
  1. You reasonably believed that you or someone else was in imminent danger of suffering bodily injury, or was in imminent danger of being touched unlawfully;
  2. You reasonably believed that the immediate use of force was necessary to defend against that danger; and
  3. You used no more force than was reasonably necessary to defend against that danger.

A mere belief that future harm may occur does not constitute “imminent danger,” regardless of how great the future harm might be. Rather, you must have a reasonable belief that you, or someone else, was in immediate danger. A battery attorney can help explain to you whether a claim of self-defense or defense of others would be available under the circumstances of your case.

Requisite Intent Under Battery Criminal Law

A battery conviction requires that you acted “willfully.” Accidental or inadvertent contact will not satisfy the requisite intent component. The prosecutor must prove that you actually had the purposeful intent to apply force to the alleged victim. Generally, this issue hinges on your “general intent” when you approached the location of the incident. Our battery attorneys at Wallin & Klarich will thoroughly scrutinize the facts of your case to determine if the requisite general intent did in fact exist.


If the alleged victim consented to the physical contact, you can bring that as a defense to the battery charge. So long as the contact was invited or welcomed, you will not be convicted of the battery charge.

Parental Right to Discipline

Under California law, you as a parent retain the right to use physical force against your child without being charged with a battery, so long as the force used is:

(i) reasonable, and

(ii) not excessive under the circumstances.

If you were within the bounds of your parental rights, you may be able to use it as a defense to a battery charge.

Wallin & Klarich Can Help

If you or a loved one is facing charges for battery it is important that you contact an experienced defense attorney immediately.

Wallin & Klarich battery lawyers Penal Code 242 PC
We will be there when you call.

With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, and West Covina Consulting with a battery attorney in the earliest stages will aid you in determining which, if any, defenses are available in your case. In certain circumstances, this may lead to a not guilty verdict.

Please contact the attorneys at Wallin & Klarich for further information at (877) 466-5245 or submit our form at the top of this page.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.