The Crime of Battery Penal Code Section 422
Under the California Penal Code the crime of battery is defined as: any willful and unlawful use of force or violence upon the person of another. The law in California simply outlaws force against another without regard for the degree of force. Consequently any touching, no matter how slight can constitute a battery. For example, once need not punch or kick or harm another person to commit battery. Even something so slight as putting your hand on another person without their consent, can be a battery
Because a battery can occur with only a very slight touch, many battery cases tend to be defensible. For example, if I accuse someone of touching me slightly without my consent, there will likely be no physical mark left behind to suggest a battery occurred. Consequently, the evidence may come down to the word of one witness against the defendant. If the witness is lying or is not credible, an experienced criminal defense attorney will likely be able to expose this in court through cross-examination of the witness.
Domestic Battery- Commonly Referred to as Domestic Violence CPC 243(e)(1)
The most common type of battery is a battery in a domestic setting meaning between husband and wife, or between boyfriend and girlfriend, or between others with some sort of romantic involvement. These types of cases are frequently referred to as domestic violence and the punishments for this type of battery, under the law are different as a result of public policy. For example, a person convicted of domestic battery will often be required to attend 52 weeks of anger management classes, whereas this punishment would be less likely as a punishment for a battery that occurred between two fans at a baseball game.
If you are being charged with a battery in California you should contact us immediately for an evaluation of your case.