The Law Offices of Ty Martinez Criminal Defense
Penal Code 242 PC: Battery in California
Battery lawyer for PC 242 charges in Riverside and San Bernardino counties.
We have 40+ years of combined experience providing criminal defense in Southern California. Tilting the Scales of Justice in your favor.
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Penal Code 242 defines battery as any willful and unlawful use of force or violence on another person, and the least unlawful touching can be enough, even with no injury. Simple battery is a misdemeanor with up to six months in county jail and a fine of up to $2,000 (PC 243(a)), with higher penalties for battery on an officer, battery causing serious injury, or battery on a partner.
| Code section | California Penal Code 242 (penalties in PC 243) |
|---|---|
| Also called | Simple battery |
| Injury needed | No |
| Simple battery | Up to 6 months in county jail and up to $2,000 |
| On an officer, firefighter, EMT or other listed worker | Up to 364 days in county jail and up to $2,000 |
| With serious bodily injury | Up to 364 days in county jail, or 2, 3 or 4 years (PC 243(d)) |
| On a spouse or partner | Up to 364 days in county jail and up to $2,000 (PC 243(e)(1)) |
| Gun rights | 10-year California ban for a misdemeanor battery conviction |
| Jury instruction | CALCRIM 960 |
Charged under PC 242 in Riverside or San Bernardino County?
Calls are answered 24/7, and the consultation is free.
What PC 242 means
Battery is the use of force or violence on another person. The force does not have to cause pain or leave a mark. The slightest touching can be a battery if it is done in a harmful or offensive way, and it can be indirect, such as throwing an object that hits someone. Willfully means on purpose; you do not have to intend to hurt anyone.
Battery is different from assault. Assault (PC 240) is an attempt to use force, and no contact is needed. Battery requires actual contact. Prosecutors often charge both.
To convict you, the prosecutor must prove each of these beyond a reasonable doubt (CALCRIM 960):
- You willfully touched the other person in a harmful or offensive manner
- When self-defense or defense of someone else is raised, that you did not act in lawful self-defense or defense of another
Battery penalties
- Simple battery: up to six months in county jail, a fine of up to $2,000, or both (PC 243(a))
- Battery on a peace officer, custodial officer, firefighter, EMT, lifeguard, security officer, process server, code enforcement officer or another worker listed in the law, while doing their job: up to 364 days in county jail, a fine of up to $2,000, or both (PC 243(b)); with an injury, it can be a felony (PC 243(c))
- Battery causing serious bodily injury: up to 364 days in county jail, or two, three or four years as a felony, usually served in county jail (PC 243(d))
- Domestic battery on a spouse, cohabitant, dating or engagement partner, former partner, or the other parent of your child: up to 364 days in county jail, a fine of up to $2,000, or both, and if you are granted probation, a batterer's program of at least one year (PC 243(e)(1))
Many first-time simple battery cases are resolved through dismissal, diversion, or probation with an anger management class.
Diversion and civil compromise
A judge can offer misdemeanor diversion for most simple battery charges, for up to 24 months, and dismiss the case when you complete it (PC 1001.95). It is not available for domestic battery. In some cases, the person who was touched can agree to a civil compromise, which lets the judge dismiss a misdemeanor once they are paid for their losses. That is not allowed for battery on an officer, domestic battery, or battery on an elder or a child (PC 1377, 1378).
Consequences beyond jail
- Guns: a misdemeanor battery conviction brings a 10-year California ban on owning or having a gun (PC 29805), and federal law bans guns after a misdemeanor domestic battery conviction
- Strike: simple battery is not a strike; a felony battery in which you personally inflict great bodily injury can be (PC 1192.7(c)(8))
- Protective order: the judge may order you to stay away from the other person while the case is open (PC 136.2)
- Immigration: for non-citizens, domestic battery can be a deportable domestic violence offense, so talk to us before any plea
Common defenses to PC 242
It depends on the evidence. Common defenses include:
- Self-defense or defense of someone else
- The touching was accidental, not willful
- The contact was not harmful or offensive
- False or exaggerated accusations
- No reliable witness or video, or witnesses who contradict each other
- Insufficient evidence to prove the charge beyond a reasonable doubt
We review video, 911 calls, photos, medical records and witness statements to find the weaknesses in the case.
Related charges
PC 242 cases in Riverside and San Bernardino counties
Battery cases are prosecuted by the District Attorney's Office in each county, and most simple battery cases are filed as misdemeanors. How the case ends matters as much as the sentence: a conviction brings a 10-year gun ban, while diversion or a civil compromise can end the case with a dismissal. In San Bernardino County, cases from Rancho Cucamonga, Ontario, Upland, Chino, Chino Hills, Montclair, Fontana and Rialto are heard at the West Valley courthouse in Rancho Cucamonga; cases from San Bernardino, Colton, Highland, Redlands, Loma Linda and Yucaipa at the San Bernardino Justice Center; and cases from Victorville, Hesperia and Apple Valley at the Victorville courthouse.
In Riverside County, criminal cases are heard at five courthouses: the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Banning Justice Center, the Larson Justice Center in Indio and the Blythe courthouse. Our office is in Riverside, and Yvonne Todd began her career as a Public Defender in San Bernardino.
Frequently asked questions
Is battery a felony in California?
Simple battery is a misdemeanor. Battery can be a felony when it causes serious bodily injury (PC 243(d)) or injures a peace officer, firefighter or other listed worker (PC 243(c)). Those can be filed either way, and a felony can often be reduced to a misdemeanor (PC 17(b)).
What is the difference between assault and battery?
Assault is an attempt to use force, so no one has to be touched. Battery means force was actually used, even a slight touch done in a harmful or offensive way. Simple assault carries up to six months and a $1,000 fine (PC 241(a)), and simple battery up to six months and a $2,000 fine (PC 243(a)).
Can battery charges be dropped if the other person doesn't want to press charges?
Not by the other person alone. The prosecutor decides whether to file and whether to continue. What the other person wants can still matter, and in some cases a civil compromise can end a misdemeanor (PC 1377).
Will a battery conviction affect my gun rights?
Yes. A misdemeanor battery conviction brings a 10-year California ban (PC 29805). A domestic battery conviction can also bring a lifetime federal ban.
Can a battery conviction be expunged?
Usually, yes. If you complete probation, you may be able to have it dismissed under PC 1203.4. A dismissal does not end the gun ban.
Read the official text of PC 242 on the California Legislative Information site.
This page is general information about California law, not legal advice about your case. Reading it does not create an attorney-client relationship.
Facing PC 242 charges? Calls are answered 24/7, and the consultation is free.
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