California Penal Code 242 defines the crime of battery as “any willful and unlawful use of force or violence upon the person of another.” One can be guilty of battery even if the victim does not suffer an injury or any actual pain. All that is required is that you touch the person in an offensive or unlawful way.  PC 242 is also called simple battery.  Battery is different than an assault because there is a requirement of actual contact being made, not merely an attempt.

Penalty:

• • • Up to 6 months in county jail and (much higher if victim is an officer, EMT or other recognized personnel in the statute)
    • Fine of up to $2000.00
    • Possible Immigration Consequences
    • Possible loss of Government Assistance Programs

Defenses:

• • • You acted in self-defense
    • You acted in defense of someone else
    • You did not act willfully
    • You were acting within your rights to reasonably discipline your child—if the victim was your child.