When Can I Be Charged With Battery?
California law defines battery as “any willful and unlawful use of force or violence upon” another individual. You can face battery charges even if you do not cause another person to be injured. In fact, the “force” required for a battery does not require a violent striking. Instead, any unwanted touching can be considered a battery. However, if you strike someone and cause them a significant injury, you may face more serious charges.
What Is Considered Battery?
To convict you on a charge of battery, a California prosecutor must prove that you:
- Touched another individual
- On purpose
- In a way that was harmful or offensive
The requirement that you touched someone on purpose means that you did it willfully. But it does not mean you meant to break the law or injure the other person. Only that you did not accidentally make contact with them.
For example, if you were playing basketball and accidentally elbowed someone while jumping to grab the ball, you did not commit a battery. However, if you purposefully were wildly swinging your elbows, you could face charges.
Additionally, you can be charged with battery if you only touched someone else using an object. Indirect contact, if done on purpose, can be illegal. This is true if it was a violent contact (such as hitting someone with a golf club) or an offensive contact (such as hitting someone on the backside with a ping-pong paddle).
How Is Battery Different Than Assault
While people often use the terms assault and battery interchangeably, they are actually distinct legal concepts. Where the crime of battery criminalizes the touching of someone else, assault is the action that may result in touching.
You may think of assault as an attempted battery because trying to punch someone can be an assault. But it is not a battery unless you actually make contact with the other person.
In California, not all touching or contact is considered a battery. Instead, the law requires the contact to be harmful or offensive. In practice, this means the touching is violent, rude, or disrespectful. Violent battery examples include punching and kicking. A rude battery could be brushing your hand against someone else’s cheek. Finally, a disrespectful touching could be something like slapping someone across the face.
The Penalties for Battery in California
California law penalizes all batteries that do not result in serious injury as a misdemeanor. If you are convicted of battery, the maximum punishment includes:
- Up to six months in county jail.
- A fine of up to $2,000.
You can also be placed on summary probation instead of being sent to jail. To avoid having your probation revoked, you will be required to complete scheduled check-ins and not have any other run-ins with the law.
Aggravated battery charges can be filed if you end up injuring the person you hit. Any serious bodily injury, like a broken bone, can result in elevated charges. Aggravated battery can be either a misdemeanor or a felony in California. If you face the more severe felony charges, you could spend up to four years in state prison.
Another crime related to battery is sexual battery. Any unlawful touching of someone else’s intimate areas for gratification, arousal, or abuse can lead to these charges. A sexual battery conviction requires registration as a California sex offender and carries a maximum sentence of four years in prison.
Are you facing battery charges in Fullerton, California? The skilled legal defense attorneys at Chambers Law Firm can help. Set up a free consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
