The crime of Battery is to willfully use force or violence upon another person. As opposed to Assault, the crime of Battery involved the touching of another person. The touching does not have to cause pain or injury and can be done indirectly by causing an object or someone else to touch the other person. Voluntary intoxication or provocation are not a defense to battery.
Examples of Battery include hitting another player with a bat during a baseball game or an accidental bicycle collision or tripping or shoving someone in a crowded street or on public transportation.
What does the prosecutor have to prove?
1. Defendant willfully touched in a harmful or offensive manner, and 2. Defendant did not act in self-defense. [Cal Crim No. 960]
Misdemeanor: 0-180 days
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