Battery Overview in Los Angeles

Prosecutors take the crime of battery extremely seriously because it is considered a violent crime. If you’re facing a battery charge, you need a skilled attorney to fight for you. Call Hunter Legal Group Today for a free consultation.

Penal Code 242: Battery Defined 

Under California law, for a defendant to be convicted in a criminal jury trial of battery, the prosecution must prove all of the following:

1. That the defendant willfully, or unlawfully,
2. Used force or violence
3. Upon another person

Penalties

If convicted of a violation of PC 242 (simple battery), you could face:

1. Up to 6 months in jail
2. A base fine of up to $1000 plus penalties and assessments (this could total to well over triple the base fine.)
3. Up to three years probation
4. A treatment program such as anger management classes

Defenses

There are numerous legal defenses you can use to fight a charge of Penal Code 242. These include:

1. You acted in self-defense
2. You acted in defense of someone else
3. It was an accident
4. You had consent

RELATED OFFENSES

Penal Code 243(d) “Battery Causing Serious Bodily Injury”

Prosecutors will charge PC 243(d) when a person commits a battery that causes serious bodily injury. Examples of serious bodily injuries include loss of consciousness, broken bones, and concussions.

Battery Causing Serious Bodily Injury is a “wobbler” which means it can be charged as a felony or a misdemeanor depending on the circumstances of the case and the defendant’s criminal record. If charged as a misdemeanor, the penalties are very similar to a charge of simple battery (242) except you could face up to one year in county jail.

If it is charged as a felony, PC 243(e)(d) carries harsher penalties and is considered a violent felony and a “strike” under the California Three Strikes Law. Other possible penalties include:

1. Up to 4 years in state prison
2. A fine of up to $10,000

However, many of these penalties can be negotiated. Often, defendants feel pressured to accept the first offer the prosecutor gives. A defendant should NEVER accept an offer before consulting an attorney. A skilled attorney may be able to negotiate the best possible outcome for your case. 

Penal Code 243 (e)(1) “Battery on a Spouse or Cohabitant”

Penal code 242 and 243(e)(1) are very similar crimes. To obtain a conviction for 243(e)(1), the prosecutor must prove all the elements of PC 242 (simple battery) and that the defendant committed the battery on an intimate partner. Under California law, examples of an intimate partner are:

1. A current or former spouse
2. A fiancé or fiancée
3. The parent of the defendant’s child, or
4. Anyone with whom the defendant has/had a dating relationship

For more information on PC 243(e)(1) click here.

If you or a loved one is facing a battery charge, contact Hunter Legal Group today at (424) 388-0169 or by filling out the form below.