Have You Been Charged With Battery In CA?


If you or a family member is facing battery charges, we highly recommend seeking legal advice. Our Southern California criminal defense attorneys deliver personalized, aggressive defenses that can help you get the best outcome possible. We can fight tirelessly for you.

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Under California Penal Code 242 PC, simple battery is defined as any willful and unlawful use of force or violence upon another person. Use of force or violence can be caused by touching or causing an object and/or another person to touch the victim.

In order for the courts to consider the crime battery, three things have to occur:

1.You Touched Someone Else

  • Legally, all you have to do is make physical contact with another for this first step to occur. That physical contact can be you personally touching another or using an object to touch another person.


  • No one forced you to touch someone else. Meaning if you were at a rock concert and you were shoved into another person knocking them down, you were not willfully touching them.
  • It does not necessarily mean that you intended to break the law, hurt someone else or gain advantage.
  • For example: Meg and Sherry are arguing over a domestic dispute. Meg loses her temper and throws a mug hitting Sherry in the head. Meg didn't intend to throw a mug and hurt Sherry, but by throwing the mug her actions created the risk that Sherry could be hit.

3.Unlawful Use of Force or Violence

  • Unlawful force is power or violence directed against a person without their consent.


Simple battery is categorized as a misdemeanor as long as it was not committed against a peace officer or other protected persons.

Penalties include:

  • Misdemeanor probation,
  • Up to 6 months in county jail, and/or
  • Fines of up to $2,000.

If you commit battery on a person such as a peace officer, firefight or EMT, you could be charged with more serious penalties, including:

  • Possible felony charges,
  • Up to 3 years, and/or
  • Fines of up to $10,000.

If you have further questions relating to California battery or if you or a loved one has been charged with battery, you need to contact our Southern California criminal defense lawyers. With over 60 years of combined experience, our attorneys at Gibbons & Gibbons have the experience you need to get the best possible defense.

Call us today for a free consultation!

Our Firm is proud to serve Norwalk and the surrounding areas, including Buena Park,Bellflower, Cerritos, Cypress, Long Beach, La Palma,Fullerton, and Anaheim.