§ 242 PC – “Assault & Battery” – California Penal Code

California Penal Code § 242 PC defines the crime of simple battery as the “willful and unlawful use of force or violence” on another person (even if it does not cause injury or actual pain).

Simple battery is a misdemeanor that carries up to 6 months in jail and fines of up to $1,000. Though it is often possible to  negotiate a charge reduction or full dismissal without a trial.

If a California battery does result in physical harm, you could be charged instead with battery causing serious bodily injury under Penal Code 243(d) PC.

Examples

The following are examples of situations where California battery charges may be filed:

• A woman pushes the man who just cut in front of her in line at the grocery store;
• A man throws a rock at another man who has just insulted him; the rock hits that man in the back; and
• A waitress spits on a restaurant patron who has been treating her disrespectfully.

The following bubble graph shows more examples of battery crimes:

Assault vs Battery

People often use the phrase “assault & battery.” In fact, California assault and California battery are two distinct crimes.

Assault under Penal Code 249 PC is an attempt to use force or violence on someone else. Battery, on the other hand, is the actual use of force or violence on someone else.

Put another way, an assault is like an “attempted battery,” and a battery is like a “completed assault.”

To help you better understand California battery law, our criminal defense attorneys will address the following:

• 1. Elements
• 2. Penalties
• 3. Defenses
• 4. Related Offenses
• 5. Civil Lawsuits
• Additional Reading

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. Elements

Under California Penal Code 242 PC, battery is intentionally inflicting unlawful physical force on someone.¹

The elements of this crime are spelled out in Jury Instructions “CALCRIM” 960. For you to be convicted of battery in California, prosecutors have to prove beyond a reasonable doubt the following two elements:

1. You willfully and unlawfully touched another person in a harmful or offensive manner; and
2. You did not act in self-defense or defense of others and were not reasonably disciplining a child.²

Note that the offense is sometimes referred to as “242 Police Code.”

These battery elements are discussed in more detail below.

“Touched Someone Else”

Battery requires that you make physical contact with another person—not that you cause any injury to them. In fact, the slightest touching can be a battery.³

A battery also occurs even if the touching takes place:

• through the victim’s clothing, and/or
• indirectly with an object that you use to touch the “victim” with.⁴

California courts have also held that you can commit battery by touching something connected with a person’s body that is not actually a part of their body. An example would be forcefully knocking an object out of their hand or kicking a bicycle they are riding.⁵

“Willfully”

To be guilty of battery, you must have touched another person “willfully.”⁶ “Willfully” means that you acted on purpose. It does not necessarily mean that you intended to:

• break the law,
• hurt someone else, or
• gain any advantage.⁷

In other words, you do not need to have intended to commit battery in order to be guilty of battery—but you do need to have intended to perform the motion that caused the battery.

Example: Rick and Joan are business partners. They get into an argument over a business decision at their office, and both of them lose their tempers. Rick picks up a stapler and throws it. It accidentally hits Joan in the head.

Rick did not intend to hit Joan with the stapler. Though he did intend to throw it, an action which created the risk that it would hit her. So he may be guilty of battery.

“In a Harmful or Offensive Manner”

A touching is only a battery if it is done in a harmful or offensive manner.⁸ This means, for example, touching that is

• violent,
• rude,
• angry, or
• disrespectful.

Example: Garth and Rita are co-workers. Rita strongly dislikes Garth. One day, Rita receives the news that she has been laid off, and she cries about this in the middle of the office. Her co-workers gather to comfort her, and Garth gives her a hug.

Even though the hug from Garth is probably unwelcome to Rita, it is most likely not a battery—as it was not a harmful or offensive touching.

Note that harmful touching can be legal as long as there is consent, such as during a boxing match.⁹

2. Penalties

Simple battery—that is, battery that does not cause a serious injury and is not committed against a law enforcement officer or other protected person—is a misdemeanor under California Penal Code section 242.¹⁰

The penalties include:

• Misdemeanor (summary) probation;
• Up to 6 months in county jail; and/or
• A fine of up to $2,000.¹¹

Depending on the case, the judge may also order community service or counseling (such as anger management).

Note if you commit battery against a police officer, firefighter, EMT, or certain other kinds of public servants—and that person suffers any kind of injury—then you may be charged with the more serious crime of battery on a peace/police officer. This offense is a wobbler, which means it may be charged as:

• a misdemeanor or
• a felony.

Restraining Orders

If you battered an on-duty retail establishment employee, PC 490.8 allows the court to issue a two-year restraining order barring you from entering the retail establishment.

3. Defenses

Here at Shouse Law Group, we have defended literally thousands of people charged with battery. In our experience, the following three defenses have proven very effective with judges and prosecutors at getting these charges reduced through a plea bargain or dismissed.

You Acted in Self-Defense or Defense of Someone Else

You can claim self-defense/defense of others when all of the following are true:

1. You reasonably believed that you or someone else was in imminent danger of suffering bodily injury or 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.¹²

Example: Jim confronts Tom by poking his chest. Tom responds by pushing Jim. Jim then slips on the wet pavement and falls, badly injuring his head.

Even though all Jim did was poke Tom in the chest, Tom may still be able to claim self-defense. Jim was touching Tom unlawfully, and pushing Jim was a reasonable response to that touching.¹³

However, words alone—no matter how offensive—cannot justifiably provoke a battery. You can only claim self-defense/defense of others if you reasonably believed someone was in danger of an unlawful touching or physical injury.¹⁴

You Did Not Act Willfully

Even though you do not need to have intended to harm someone, you do need to have acted “willfully” in order to be guilty of Penal Code 242 battery.¹⁵ So if the battery was a complete accident, you may be able to argue accident as a legal defense.

According to Oakland criminal defense lawyer Neil Shouse:¹⁶

“Let’s say you inadvertently shove someone in a crowd. Or you unintentionally hit them with an object you are carrying. Offended ‘victims’ in this situation sometimes cry battery—but you should not be guilty of that offense if you did not act intentionally.”

Parental Right to Discipline a Child

Battery charges are sometimes brought against parents in connection with child abuse. However, no crime occurred if you were acting within your rights to use corporal punishment.¹⁷

You are allowed to use physical force to discipline your child as long as the force is:

1. “reasonable” and
2. not excessive under the circumstances.¹⁸

4. Related Offenses

The following chart shows battery-related offenses and their standard criminal sentences in  California.

California Battery Offense	Penalties
Assault (PC 240) – unlawful attempt – along with the present ability – to cause a violent injury to another person	Misdemeanor: Up to 6 months in jail and/or $1,000
Assault with a Deadly Weapon (PC 245(a)(1)) – attacking or attempting to attack another person with a weapon capable of causing death or great bodily injury	Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000
Assault with a Firearm (PC 245(a)(2)) – assaulting a victim with the use of a firearm	Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000
Aggravated Battery Causing Serious Bodily Injury (PC 243(d)) – causing serious bodily injury by touching or striking another person in a harmful or offensive manner	Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000
Battery on a Custodial Officer (PC 243.1) – inflicting unlawful physical force on a jail or prison guard	Felony: 16 months, 2 years, or 3 years in jail (or 2, 3, or 4 years if the victim sustains great bodily injury)
Battery on a Peace or Police Officer (PC 243(b) & (c)) – inflicting unlawful physical force on police or prosecutors and Battery on a School Employee (PC 243.6) – inflicting unlawful physical force on a teacher or other school employee	No injury Misdemeanor: Up to 1 year in jail and/or $2,000
	With injury that requires medical treatment Misdemeanor: Up to 1 year in jail and/or $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000
Corporal Injury to a Spouse or Cohabitant (PC 273.5) – causing physical injury to a spouse, cohabitant, dating partner or parent of one’s child through an act of domestic violence	Misdemeanor: Up to 1 year in jail and/or $6,000 or Felony: 2, 3, or 4 years in prison and/or up to $6,000
Domestic Battery (PC 243(e)(1)) – using force or violence against a cohabitant, co-parent, a current or former spouse, fiancé(e), or dating partner.	Misdemeanor: Up to 6 months in jail and/or $2,000
Sexual Battery (PC 243.4) – touching another person’s intimate parts without consent and for the purpose of sexual gratification, arousal, or abuse	Misdemeanor: Up to 6 months in jail (or 1 year if there was an aggravating factor) and/or $2,000 (or $3,000 if the victim was your employee) plus Tier I sex offender registration for 10 years. or Felony: 2, 3, or 4 years in prison (or an extra 3 to 5 years if the victim was seriously hurt) and/or up to $10,000 plus Tier III sex offender registration for life (usually)
Elder Abuse (PC 368) – physical or emotional abuse, neglect, or financial exploitation of a victim 65 years of age or older	Misdemeanor: Up to 1 year in jail and/or $6,000 or Felony: 2, 3, or 4 years in prison (or 7 years if the victim sustained great bodily harm) and up to $10,000
Child Abuse (PC 273d) – willfully inflicting on a child “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition”	Misdemeanor: Up to 1 year in jail and/or $6,000or Felony: 2, 4, or 6 years in prison and up to $6,000
Child Endangerment (PC 273a(a)) – intentionally placing a child under 18 in a situation that threatens their health and safety	Misdemeanor: Up to 1 year in jail and/or $1,000or Felony: 2, 4, or 6 years in prison and up to $10,000
Murder (PC 187) – the unlawful killing of a human being or fetus with malice aforethought.	Felony: Up to life in prison
Voluntary Manslaughter (PC 192a) – unlawful killing that occurs during a sudden quarrel, the heat of passion, or unreasonable self-defense	Felony: 3, 6, or 11 years in prison and up to $10,000
Involuntary Manslaughter (PC 192b) – unlawfully causing the death of another person by acting with criminal negligence	Felony: 2, 3, or 4 years in prison and up to $10,000
Torture (PC 206) – inflicting great bodily injury to cause extreme suffering for revenge, persuasion or sadism	Felony: Up to life in prison
Mayhem (PC 203) – unlawfully or maliciously attacking another person in a way that causes disfigurement or disability	Felony: 2, 4, or 8 years in prison and up to $10,000
Aggravated Mayhem (PC 205) – intentionally causing a permanent disability or disfigurement	Felony: Up to life in prison

5. Civil Lawsuits

Alleged victims of battery have the right to sue you for damages, such as

• medical bills and
• lost wages.

It is not necessary that you be found guilty in a criminal trial or even charged with a crime. In fact, you can still be sued for damages and lose even after being acquitted of battery in a jury trial .

To prove liability for battery, the plaintiff must prove by a preponderance of the evidence that:

1. You touched the plaintiff with the intent to harm or offend them;
2. The plaintiff did not consent to the touching;
3. The plaintiff was harmed or offended by your conduct; and
4. A reasonable person in the plaintiff’s situation would have been offended by the touching.¹⁹

For more information, please see our article on Lawsuits for Assault and Battery in California, or contact our California personal injury lawyers for a consultation to discuss your case.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Assault and Battery – Injury Sustained in Prize Fight – Consent as a Bar to Civil Liability – Vanderbilt Law Review.
• Territorial Aggression – Expanding California’s Penal Code Regarding Assault and Battery of Code Enforcement Officers – McGeorge Law Review.
• Sentence dispositions accorded assault and burglary offenders: An exploratory study in twelve California counties – Journal of Criminal Justice.
• Perceptions of Victims and Defendants in Criminal Assault Cases – Criminal Justice and Behavior.
• Incidence of Non-Fatal Workplace Assault Injuries Determined From Employer’s Reports in California – Journal of Occupational and Environmental Medicine.

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