In the most simple of terms, battery is an offense that requires physical
contact, specifically contact that is harmful and/or offensive in nature.
Assault, on the other hand, is an offense that does not require any physical touch,
but rather any act that would likely result in the use of force. Understanding
this difference is crucial, as assault and battery can be charged together.
PC 242 battery is a misdemeanor offense punishable by probation, fines
of up to $2,000 dollars, community service, court ordered education classes,
and up to six months imprisonment in a county jail.
Depending on the circumstances surrounding the alleged incident and arrest,
your defense may highlight the fact that the physical contact was an accident
or that physical contact was used for self-defense or for the defense
of others. As battery is a charge commonly associated with fighting, self-defense
can be an admissible and effective defense. In more serious cases –
including battery that results in serious bodily injury (aggravated battery)
or battery committed against a government employee – skilled and
experience defense is of the utmost importance.
Discuss Your Case with a Criminal Defense Lawyer in Los Angeles
As battery is an allegation that can vary drastically from case to case,
our legal team focuses on evaluating these charges on a personal basis. With
more than 50 years of combined experience on our side, we know that personal attention is key to determining whether
there was a justifiable argument for the use of physical contact, how
these facts can be presented clearly in court on your behalf, and how
our attorneys can fight to have your charges dismissed or reduced as much
as possible. As with any criminal allegation, taking swift action is also
incredibly important. Allow our team of Los Angeles criminal defense attorneys
to review your situation during a case evaluation to help you understand
the charges and penalties you face and what our firm can do to help.
Contact Lessem, Newstat & Tooson, LLP for the representation and support you need.