Battery

To prove that a defendant is guilty of battery, the prosecution must prove that:
(1) the defendant willfully and unlawfully touched another person in a harmful or offensive manner, AND
(2) the defendant did not act in self defense, in defense of someone else, or while reasonably disciplining a child.

A person acts willfully when he or she does it willingly or on purpose. The slightest touching can be enough to commit battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury. The touching can be done indirectly by causing an object, or someone else, to touch the other person. It is no defense to this crime that the defendant was responding to a provocative act that was not a threat or an attempt to inflict physical injury. Words alone, no matter how offensive or exasperating, are not an excuse for battery. (CALCRIM No. 960; Cal. Penal Code §242)

There are several different types of battery cases. The specific crime charged will depend on the facts and circumstances of each case, who the alleged victim was, and the prosecution’s theory of the case. The elements explained above only relate to one variation of this crime and are intended to provide general information regarding simple battery.

If you or someone you love has been charged with any type of battery, call The Scranton Law Firm and speak with one of our experienced California criminal defense attorneys today. Consultations are always free!