What is the crime of battery?

Penal Code Section 242 is the criminal statute referring to the crime of battery. To prove a person guilty of such a charge, the prosecutor must prove that the defendant willfully and unlawfully touched another person in a harmful and offensive way, and that person suffered serious bodily injury as a result of the force that was used at the time of the offense. The person alleged to commit the offense must have done so willfully. It does not matter that he or she intended to break the law or hurt someone else. The focus is on the act and that act must have been done willfully. Making contact with another person, including through his or her clothing, is enough to commit a battery. The act must have resulted in serious bodily injury to another. Serious bodily injury means serious impairment of physical condition, and can include loss of consciousness, concussion, loss or impairment of function of any bodily member or organ. Unlawful touching of another to constitute a battery can include indirectly touching another by causing an object or someone else to touch the other person.

A person who is guilty of PC 242 battery can be punished as follows: serve a maximum sentence of six months in the county jail and pay a fine not exceeding to $2,000.00. The crime of battery is a misdemeanor.

If you are not a citizen of the United States, a conviction of battery may result in negative immigration consequences including the denial of naturalization of citizenship or legal permanent residency.

Defenses to battery can include self-defense or acting in defense of others. In the event a parent is accused of battery to a child, a defense to such a charge can include sufficient evidence of reasonable discipline.

If you or someone you know is being accused of battery, contact the Gonzalez Law Firm immediately and seek legal help at once. You have a right to remain silent, and you do not need to discuss or provide information to law enforcement personnel in the event you are being investigated for such a charge. The Gonzalez Law Firm has provided over 17 years of legal experience helping persons being accused of battery. Mr. Gonzalez appears in all California courts in all counties.

Personal Injury Lawsuits when Assaulted

Insights from a Personal Injury & Defense Lawyer Who You Can Trust

Can I file an injury lawsuit if I am assaulted?

If you have been physically assaulted by illicit touching of another person, you may seek compensation for an assault and battery injury. Assault cases are often considered to be criminal acts, but if you have suffered an injury it may also be construed as a personal injury claim. Seek legal advice from an experienced personal injury attorney like David Gonzalez who will take the time to meet with you in person to discuss the specifics of your case and your legal rights.

Assault and Battery

Assault is defined as the threat of bodily harm that reasonably causes fear of harm in the victim. Battery is the actual touching or striking another person. If the victim has not actually been touched, but only threatened, then the crime is assault. If the victim has been touched in a painful, harmful, violent, or offensive way by a person this might be battery. Even a minor touching can qualify as battery providing it is painful, harmful, or offensive to the victim.

An assault includes three factors:

• An intentional threat to cause injury to another by force.
• Circumstances that create in the other person a fear of being harmed.
• The person’s ability to go through with the act if not prevented.

The most common assault and battery cases range from fights between students at school, fights between neighbors or fights in public places such as bars or sporting events. Other more serious cases result from domestic violence disputes, rapes and sexual assaults or police brutality. If you have been the victim in any of these situations, contact a Santa Ana injury lawyer who has experience with assault and battery cases and knows how to help you deal with this hardship.

Anyone can sue for assault through a criminal defense lawyer or personal injury attorney, but the highest recovery comes from assault charges that result in serious personal injuries. Serious injuries may include being slugged in the face, hit in the temple, getting stabbed or being shot. They also usually involve a weapon of some type such as a crowbar, bat, knife, or gun. Finally, an attack classified as a hate crime is a serious assault and battery case.

If you have been injured injured due to an assault, get honest counsel from a reputable and competent attorney like David Gonzalez. Call us today to discuss the specifics of your case and your legals rights.

What is an "assault with a deadly weapon" charge in California?

California Penal Code Section 245 is the section that defines assault with a deadly weapon or force likely to produce great bodily injury. Section 245 also defines the various punishments given if a person is convicted of that charge.

Penal Code Section 245(a)(1) states that any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding $10,000 or by both the fine and imprisonment.

To prove someone guilty of a charge of assault with a deadly weapon, the prosecutor for the state must show that the person did the act with a deadly weapon that by its nature would directly and probably result in the application of force to a person. The prosecutor must also show that when the person acted that she or he had the present ability to apply force likely to produce likely to produce great bodily injury with a deadly weapon to a person. The term force or application of force means to touch a person in a harmful or offensive manner. Slight touching can be enough if it is done in a rude or angry way. Even making contact with another person, including through his or her clothing, can be enough. The touching does not have to cause pain or injury of any kind.

A deadly weapon is any object, instrument or weapon that is inherently deadly or dangerous or one that is used in such a way that is capable of causing and likely to cause death or great bodily injury.

A defense to assault with a deadly weapon can include self-defense or defense of others. Whenever you or someone you know is charged with an assault with a deadly weapon it is important that you contact the David Gonzalez Law Firm in order to get immediate legal help with this serious criminal charge. If you are contacted by any law enforcement officer requesting that you speak with such authority, you must remember that you have a legal right to remain silent. Although you may be told by such law enforcement that your speaking or discussions with them will help you to prevent harsher legal consequences, experience shows that law enforcement will use anything you say voluntarily against you when you end up being charged with assault with a deadly weapon. Speak only to Santa Ana Attorney David Gonzalez by calling his office and arranging for a confidential consultation. Call now and retain the experience of a criminal defense attorney. The Gonzalez Law Firm helps all clients with criminal charges in all counties throughout the State of California.

~ David Gonzalez