Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Punching a person is a battery under California law (per Penal Code 242), and it could be charged as a felony if you:
In both of the above scenarios, the battery is charged as a wobbler offense, which means the crime gets charged as either a misdemeanor or a felony at the prosecutor’s discretion.
Please note that a “simple battery” under California criminal law is defined as:
Also note that you can raise a legal defense to try and challenge the accusation. Two common defenses include that you:
The legal definition of “simple battery” in California is as follows:
Note that a “touching” means that you make some type of physical contact with another person. It is not necessary that an injury results from the contact. In fact, the slightest touching can be a battery.
“Harmful or offensive” means a touching that is
Simple battery is charged as a misdemeanor. The crime is punishable by:
One of the ways in which battery can be charged as a felony is if it was committed on a peace officer or similar public servant, per 243b PC and 243c2 PC.
The specific classes of people protected by the crime of “battery on a peace officer” are people in the following occupations, engaged in the performance of their duties:
A violation of these statutes is a wobbler, meaning that it can be charged as either a misdemeanor or a felony.
If charged as a misdemeanor, the offense is punishable by imprisonment in the county jail for up to one year.
If charged as a felony, the crime is punishable by imprisonment in the California state prison for:
The second way (of two ways) in which battery can be charged as a felony is if you commit a battery on a person and you cause a serious injury in doing so. Per PC 242d, this offense is known as battery causing great bodily injury, or “aggravated battery.”
Aggravated battery is a wobbler under California law, which means it may be charged as either a misdemeanor or a felony.
The maximum misdemeanor sentence for this offense is up to one year in county jail.
If the crime is charged as a California felony, battery causing serious bodily injury can lead to imprisonment in the State prison for:
Two common legal defenses to a California battery charge include:
Note that with regards to a defense involving self-defense, it can work provided that:
As to a defense of not acting willfully, it might be the case that you committed a harmful touching by accident.
California assault and California battery are, in reality, completely different offenses. The difference is that:
An assault doesn’t necessarily involve any actual physical contact, whereas a battery does. Put another way, an assault is like an “attempted battery,” and a battery is like a “completed assault.”
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.