Simple battery charges carry serious penalties in California, including lengthy jail terms and other repercussions like trouble finding work. Contacting a defense lawyer who is acquainted with the state's battery statutes should be your first move when you or your loved one is being accused of a simple battery charge. If you have been accused of battery, or any other form of domestic violence, the California Criminal Lawyer Group in Fresno, CA, can defend you in court. Additionally, when you contact us, you'll have the benefit of legal counsel to aid in your preparation for court proceedings and understanding the accusations brought against you.

Overview of Simple Battery Under California Law

If you wrongfully touch another person in a harmful or offensive manner, you could be apprehended and prosecuted with battery under California PEN 242. The prosecutor is responsible for establishing the following components of the offense:

You Had Contact With the Alleged Battery Victim

California requires that there be actual contact for the action to qualify as a battery. You could still be found guilty of battery even if the contact didn't result in any injuries.

The prosecution has the burden of proving that you had actual contact with the alleged victim to convict you of simple battery. Keep in mind that battery could also be inferred from the slightest contact with another person's clothes or by forcefully knocking off an object from a person's hands.

You Made Willful Contact With the Alleged Victim

Additionally, you need to have come into contact with the other individual knowingly or purposefully. Even if you had no ill will toward the victim when you approached them, you could still be prosecuted under Section 242 of the criminal code. Simple battery can be committed without having the intended result in mind provided the other party was touched willfully.

The Act Was Offensive or Harmful

For the contact to be regarded as a battery, it must be perpetrated rudely, sexually, or violently. Even if you become intoxicated on purpose, you still will be found to have perpetrated a deliberate act. It is essential to hire legal counsel if you're facing battery accusations in California.

The distinction between assault and battery is sometimes blurred, making it difficult for people to fully understand the allegations they are up against. Assault and battery are two distinct crimes in California.

There is no need for actual contact to establish assault, unlike a battery, which requires wrongful contact. Assault is defined as the deliberate infliction of bodily harm to another person. Understanding the charges against you is crucial to identify potential defenses for your case.

The Procedures Followed in Criminal Court in Cases Involving Simple Battery

Having some idea of the events to anticipate throughout the criminal procedure can help to alleviate some of the stress associated with it. The initial stage in a battery case is often the investigation and subsequent apprehension of the suspect.

The victim filing a report regarding the alleged act is what sets off the inquiries into the matter. The authorities then make contact with the accused victim to initiate the investigation.

This inquiry will entail questioning about the occurrence. You retain the legal right to a lawyer during the questioning and should not answer any inquiries from the police without first speaking to one. If the police have probable cause to pursue battery charges against you, you will be taken into custody and charged accordingly.

Please keep in mind that if the authorities catch you in the act, you could be detained and brought into custody immediately. Following the booking procedure, you can post bail and get out of jail.

After the charges have been submitted, you will have your initial court appearance and be arraigned. At the arraignment, the prosecutor will officially read out the accusations against you, and you will enter a plea deal. You have the option of pleading not guilty, guilty, or entering a no-contest plea.

If you plead guilty, you will be required to attend a sentencing hearing. The pretrial stage starts when you enter a no-contest plea or plead not guilty. This stage involves court appearances, gathering evidence, plea deals, and further negotiations.

While some cases could be settled in the pre-trial period, others will go to trial. In California, trials are either bench trials or jury trials. If you're accused of simple battery as a misdemeanor, you're entitled to a trial before a jury.

For the prosecution to succeed in getting the defendant convicted of battery, they will need to establish beyond a shadow of a doubt that the criminal elements were committed. Most trials, especially those involving a jury, entail several stages. This procedure entails:

  • Jury selection.
  • Evidence.
  • Opening statements.
  • Jury deliberation.
  • Closing statements.
  • Sentencing and verdict (if found guilty).

If convicted, you are entitled to another trial or an appeal. If you believe that the jury or the prosecution acted wrongfully, that there was a procedural error, or that there was a lack of evidence, you can file an appeal for another trial. In addition, you may choose to appeal the matter to a higher court if:

  • There was judicial, prosecutorial, or jury misconduct.
  • You had insufficient help from your attorney.
  • Insufficient evidence.

Defenses Against Simple Battery Charges

The best course of action for challenging allegations of simple battery is to work together with a defense attorney. Depending on the specifics of the allegations, a knowledgeable defense lawyer will utilize their expertise and understanding of the law to craft an argument that involves any one of the following defenses:

You Didn't Come Into Contact With the Victim

To commit battery, you must have made offensive or unlawful physical contact with the victim. If neither of these applies to your situation, you cannot be charged with battery. Because of how battery charges work, an innocent individual can be wrongfully accused of committing the crime. If you believe that you have been wrongly accused of battery, you should seek the assistance of an experienced attorney to defend against the allegations that have been brought against you.

There was Consent

To commit battery, the offender must have intentionally and offensively touched another person. The victim's permission is typically not taken into account when you're brought to court.

Nevertheless, you could be able to use consent as a battery defense based on the situation. This defense is available to persons who participate in lawful activities, including sports, where there is a risk of physical harm.

Football and other contact sports entail a great deal of physical touch. The players in these situations have given their implicit consent to the game's physical features by participating in the game. As a result, you could utilize consent in your defense if you've been accused of battery for a specific incident that occurred during a sport.

Accidental Contact

When you intentionally touch someone in an unpleasant, offensive, or harmful way, it is considered battery. However, you might claim that you were not guilty of battery when your acts were unintended or accidental.

For instance, you cannot be charged with violence if you accidentally knock another individual's drink over while moving around an overcrowded bar. You must establish the following when asserting accidental contact as your defense:

  • You didn't intend to commit a crime.
  • Whatever you were doing was legal.

You cannot invoke this defense while you have been committing a crime. For instance, you cannot plead incidental contact as an argument if you robbed a store and touched another individual offensively or unlawfully.

Self-Defense

Self-defense is a valid defense measure when faced with an immediate threat from someone else. You don't have to worry about getting in legal trouble if you protect yourself against a potential threat.

For instance, Joe is in a pub when Lucy approaches him. Lucy immediately begins harassing Joey with questions over the possibility that he is involved with another lady. After Joe denies his association with the lady in question, Lucy pushes him, prompting Mike to retaliate by slapping her in the face. In this instance, Joe could claim that he was protecting himself against Lucy's aggression. As a result, he can't be charged with a simple battery.

You Were Within Your Rights to Exercise Your Parental Authority By Disciplining the Child

 In California, parents are within their constitutional rights to discipline their children. So, if you have been accused of battery because you disciplined your child, you can defend yourself by arguing you were using your parental authority. Even if you've got the authority to discipline your child, the punishment needs to be fair and not detrimental. This means:

  • Any sane individual would agree that the discipline was appropriate.
  • You utilized an appropriate disciplining method.

You can use this argument as your defense against battery allegations if you acted within your lawful rights while disciplining your child. Your lawyer will assist you in demonstrating that the disciplining was reasonable and appropriate given the circumstances. When a child receives excessive discipline, it can lead to allegations of child abuse and the intervention of protective services.

Sentencing and Penalties

Simple battery is classified as a misdemeanor offense under California PEN 242, which includes the following legal penalties:

  • A jail term of a maximum of six months.
  • Misdemeanor probation.
  • Hefty fines of not more than $2000.

Probation sentences (often lasting between one and five years) could come with extra conditions imposed by the court. These terms include:

  • Settling any fines related to your offense.
  • Reparations for any crime victims.
  • Completing a certain amount of community service hours.
  • Attending counseling (individual or group treatment).
  • Taking classes for anger management.
  • Show up for your scheduled court hearings.

Compliance with legal requirements (committing an additional crime while serving probation can lead to the judge revoking your probation).

Your punishments can be increased if a law enforcement officer, a fireman, or another peace officer fell victim to your actions. In cases where a victim has sustained serious physical harm, the crime will be prosecuted as a felony, punishable by a maximum prison sentence of 4 years.

In addition, being convicted for this violation will count as a "strike" against you, increasing the severity of any future penalties you may face. California PEN 242 carries with it serious social and legal repercussions for anyone convicted of the crime. The state of California classifies simple battery as a violent offense.

Employers can find out about the conviction you received for this crime if they conduct a background check. Although this might not automatically disqualify you from getting employment, it could make it more difficult for you to find work. A victim can also pursue criminal charges and also seek monetary compensation in a civil proceeding.

Getting Your Criminal Record Expunged

You can apply for a record expungement to have the conviction for a simple battery charge erased from your record once you've completed your term or satisfied the conditions of your probation. Employers as well as members of the public can't view details regarding the expunged criminal record, but police enforcement could still have access to this information.

The following qualifying requirements must be met to have your criminal record expunged:

  • You have successfully finished your probation term.
  • You aren't presently under investigation, on a probationary term, or detained for another crime.
  • You weren't held in a California state prison.

Even though an expungement isn't similar to a criminal defense procedure, it is always advisable to speak with a lawyer throughout the process.

Consulting ensures that you understand the records and procedures required to file for an expungement and argue your case before the court.

After receiving your properly filed documentation, the court is going to set up an expungement session wherein the judge will determine whether or not to grant the expungement. Verify that your criminal record has been sealed once the court approves your petition for expungement. Repeat the petitioning procedure if it is denied.

Related Offenses

In California, you can be accused of many different kinds of charges relating to assault and battery, including simple battery. Simple battery-related crimes include the following:

  • A battery that results in significant physical harm.
  • Domestic battery.
  • Battery perpetrated on a California peace officer.
  • Assault.
  • Sexual battery.
  • Elder abuse.

A Battery That Causes Serious Physical Injury

Intentionally injuring another individual is an example of aggravated battery. You can be convicted under Penal Code 243 d for a battery that causes serious bodily harm when the victim sustains such substantial physical harm.

The fact that you inflict serious physical harm is a further element of this crime. Any harm that significantly compromises the victim's well-being is considered to be a significant bodily injury under the law. It should be noted that an injury might be considered significant without necessarily requiring medical attention. Serious injuries can take a wide range of forms, including:

  • Lost consciousness.
  • Serious deformity.
  • Bone fractures.
  • Tooth loss.
  • Wounds that require stitches.
  • Lacerations and cuts.

Battery resulting in significant bodily harm could be prosecuted as a felony or a misdemeanor. If convicted of a felony, you might spend up to 4 years in jail; a misdemeanor conviction has a maximum penalty of one year. When a person commits felony battery that results in serious bodily harm, the court could additionally increase their sentence.

Battery Committed Against a California Peace Officer

In California, peace officers are considered protected individuals. If you commit battery against one of these people, you could be charged with battery against a peace officer. The word "peace officer" is a legal term for a person who assists in enforcing California law. They include attorney generals, prosecutors, police, and members of the State's Highway Patrol.

Law enforcement officials are not the only ones who are protected by this law. Other professionals include:

  • Emergency Medical Technicians.
  • Lifeguards.
  • Custodial officers.
  • Firefighters.
  • Security personnel.
  • Animal control officers.
  • A traffic police.
  • Professionals who provide emergency treatment.
  • Search and rescue personnel.
  • Personnel working in the probation sector.

The following are the components of battery committed against a peace officer:

  • You must have been aware that the battery victim is considered a peace officer.
  • You intentionally and illegally touched them in a manner that was offensive or rude.
  • The peace officer was going about their duties when the crime was committed.

Committing battery against a peace officer is considered a wobbler offense. If convicted of the misdemeanor offense of battery on a peace officer, the offender faces a penalty of a maximum of a year behind bars and fines of not more than $10,000.

In certain states, the penalty for felony battery perpetrated against a peace officer is 3 years in prison and fines amounting to $10,000. If the victim was seriously or severely injured, you could face an additional 6 years of prison time in addition to your current term.

Domestic Battery

A violation of Penal Code 243 (e) (i) is a crime committed against a parent, child, current or former spouse, partner, or fiancé. The term "domestic battery" refers to any act of violence perpetrated against a parent, child, or spouse. The following factors make up this offense:

  • You intentionally made contact with another individual in an offensive, harmful, or rude way.
  • The crime victim was your significant other.
  • When the incident occurred, you weren't defending yourself.

Domestic battery allegations are common, particularly after fights or disagreements between partners.

For instance, Peter and Jessie disagree with Peter's financial decisions. Jessie pushes Peter violently out of frustration as they are arguing. She might be accused of a domestic battery charge for shoving Peter. In California, a misdemeanor charge of domestic battery carries a maximum sentence of one year in jail and a maximum fine of $2000.

Sexual Battery

To be found guilty of simple battery, you must have made offensive physical contact with another individual. When someone commits sexual battery, they purposefully touch the victim's private areas without their permission to fulfill their sexual desires. The prosecutor must establish each of three separate elements to get a conviction for sexual battery. These include:

  • The defendant touched another person's private parts.
  • Without the victim's consent.
  • For arousal, abuse, or sexual gratification.

In contrast to rape, sexual battery does not need the prosecutor to show that you penetrated the victim without their consent or had sexual relations with them. Regardless of whether someone has a current intimate relationship with a victim, they could still be convicted of sexual battery when they commit an act of sexual battery against that individual. This could happen if the other person expresses a desire to avoid any sexual activity, including touching for gratification or arousal.

A sexual battery charge that doesn't involve any additional aggravating circumstances is considered a misdemeanor, punishable by a maximum jail sentence of 6 months and fines amounting to two thousand dollars, or three thousand dollars when the victim was one of your employees.

A sexual battery crime is considered a wobbler when it has more than one aggravating element. These aggravating circumstances have an impact on the harshness of the punishment and subsequent consequences. They consist of:

  • Putting the victim under unlawful restraint or assisting someone else to put the victim of sexual assault under restraint.
  • Committing the crime on someone who is receiving medical care in a medical facility when that individual is either severely incapacitated or handicapped.
  • Making someone touch or masturbate the offender or their accomplice with no consent (or if the victim's consent is acquired through a false depiction of the conduct).
  • Sexually assaulting a victim who's mentally or physically disabled and who isn't aware of the severity of the crime because of the offender's misrepresentation.

Sexual battery committed as a felony carries a potential one-year prison term when tried as a misdemeanor. A felony charge carries a sentence of 2 to 4 years in state prison and permanent registration as a sexual offender.

Find a Simple Battery Criminal Defense Attorney Near Me

Simple battery is defined as any unlawful physical touch against another person that does not generally involve any aggravating factors like injuries or the use of a lethal weapon. However, battery convictions might lead to jail time, which would have an impact on your interpersonal connections and potential career. If you have been accused of simple battery in Fresno, CA, you can contact the California Criminal Lawyer Group for legal representation. Call us today at 559-712-8377.