Criminal Battery in California

In a previous post, I described the offense of civil battery in California. This post is about how battery is treated under California criminal law. To remind you, the end result of criminal law is the defendant undergoes some form of incarceration (e.g. jail time, probation, etc) while the end result in civil law is to obtain a money judgment or injunctive relief of some kind for the injured plaintiff.

No, not this kind of battery. The legal kind of battery.

Regardless of whether you look at it under civil law or criminal law, a battery is — in essence — the defendant hitting the plaintiff in some way. Civilly, this is phrased as a harmful or offensive touching by the defendant against the plaintiff resulting in injury. California defines criminal battery in California Penal Code section 242 as “any willful and unlawful use of force or violence upon the person of another.”

(I encourage you to actually look up section 242 as it is surprisingly short. That quote above is, literally, all it says.)

The potential sentence for battery is described in California Penal Code section 243(a) which is, unfortunately, much longer and a more difficult read than section 242. The sentence for battery depends, at a minimum, on who the victim isĀ (e.g. spouse, police officer, etc) and how serious the resulting injury is. Criminal sentencing in general and California in particular can be confusing and complicated. As always, if you have any doubt about your particular situation, consult an attorney.

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Andy Chen

Andy I. Chen is a lawyer licensed to practice law in California and New York. Andy maintains offices in Los Altos, California and Modesto, California. Under the New York Court of Appeals' 2015 decision in Schoenefeld v. State of New York, Andy does not accept cases from those in New York state. He does, however, know many lawyers in New York state and would be happy to make a referral.

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