Are you facing charges for Battery in California? Violation of Penal Code 242 is a misdemeanor offense. If convicted of a misdemeanor, you may be unable to take advantage of freedoms allowed to the general public. Taking advantage of a free consultation with a skilled defense attorney can help you better understand your charges as well as any potential penalties that you may be facing. Call (888) 250-2865 today to speak with a MacGregor & Collins, LLP legal professional with decades of experience for free.
PC 242 Defined
According to California Penal Code 242, anyone who willfully touches someone with force, even if it does not injure the victim, is considered to have committed “Battery”. In addition, physical contact to the “person of another” (includes items that a person is holding) could potentially result in a criminal charge. The term battery can sometimes be used interchangeably with assault and battery, however the definitions and conditions for punishment vary between the two.
In order to prosecute for PC 242 violations, prosecutors for the state of California must be prepared to prove that you:
- Intentionally touched someone with force
- that the force used is perceived as harmful or insulting
CPC 242 Potential Penalties
This violation is defined by PC 242 and is a misdemeanor offense punishable by:
- A fine of no more than $2000
- Imprisonment in a local jail for up to 6 months
If the offense was committed on a protected individual like a service man the penalties may be increased. In addition, the defendant can also be subjected to enrollment in a anger manageent program, an informal probation and/or community service. Contact a skilled legal professional to find out how penal code 243 may be applied to your case specifically.
The law surrounding battery charges is complex. Although these offenses require an injury, there are other offenses, such as PC 240, which are similar but do not require force to be prosecuted. There are several penal codes that stem from this offense, including aggravated battery, sexual assault, or assault with a deadly weapon. Depending on the circumstances under which your alleged offense took place, you could face greater or lesser fines.
If you are facing criminal charges for violating Penal Code 242, our defense attorneys can help you. With assistance from a skilled legal professional, you may be able to have the charges brought against you dropped and your case dismissed. Call (888) 250-2865 today to speak with a MacGregor & Collins, LLP legal professional about your case for free.