Battery - Penal Code Section 242 - a battery is any willful and unlawful use of force or violence upon the person of another.

Battery occurs where one person willfully touches another without their consent. Any physical contact, to which the other person has not consented, can be considered a battery. An accidental touching of another is not “willful” conduct and therefore is not a battery. Also, if it can be shown that the touching was “lawful” such as in self defense or for the defense of others, then the elements of assault have not been met.

Battery can be charged as a MISDEMEANOR or a FELONY. Usually the District Attorney will decide what type of charge to file depending on the amount of injury to the victim. Misdemeanor convictions carry a maximum sentence of up to one year in county jail. Felony convictions can carry a state prison sentence of up to 3 years in state prison.

Spousal Battery – Penal Code Section 243(e)(1) -When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.

If you, a friend or a loved one is charged with battery in Los Angeles, then the need for an effective, accomplished criminal defense attorney is urgent, and it is real. A lifestyle, a family, a business, a career, and freedom itself are often at stake. Contact the attorneys who can make a difference in your case.

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