Battery | Penal Code § 242

Description

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]

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No