Simi Valley Assault and Battery Attorneys

Key Points of California Battery Legislation

“Battery is defined as causing any physical harm or injury to the victim — such as a cut, a burn, or a bullet wound, but actual injury is not required.”

Another type of contact that may constitute battery, causes no actual physical harm, but is instead, offensive or insulting to the victim. Examples include spitting in someone's face or offensively touching someone against his or her will. 

When a battery is committed with intent to do serious harm or murder, or when it is done with a dangerous weapon, it is described as aggravated.

Criminal battery is punishable by a fine, imprisonment, or both. If the crime is determined to be aggravated, the penalties are greater.

Essential Elements the DA Must Establish in Battery Cases

Jury Instruction for Determining Simple Battery

The defendant is charged with battery [in violation of Penal Code section 243(a)].

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant willfully [and unlawfully] touched in a harmful or offensive manner(;/.)

[AND

2. The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).]

Someone commits an act willfully when he or she does it willingly or on purpose. It is not required that he or she intend to break the law, hurt someone else, or gain any advantage.

The slightest touching can be enough to commit a battery if it is done in a rude or angry way. Making contact with another person, including through his or her clothing, is enough. The touching does not have to cause pain or injury of any kind.

[The touching can be done indirectly by causing an object [or someone else] to touch the other person.]

[It is no defense to this crime that the defendant was responding to a provocative act that was not a threat or an attempt to inflict physical injury.] [Words alone, no matter how offensive or exasperating, are not an excuse for this crime.]

Understanding Your Rights in Assault & Battery Cases

Dealing with the aftermath of an assault or battery incident can be overwhelming. At Sua Law Group, we believe that every victim deserves to understand their legal rights and options. Knowing your rights can empower you to take the necessary steps toward seeking justice and compensation for your injuries.

Here are some key points to consider:

• Legal Representation: Having an experienced attorney by your side can make a significant difference in navigating the legal system. We are committed to advocating for your rights and ensuring that your voice is heard.
• Types of Compensation: Victims may be entitled to various forms of compensation, including medical expenses, lost wages, pain and suffering, and emotional distress. Our team will work diligently to maximize your recovery.
• Evidence Collection: Gathering evidence is crucial in assault and battery cases. We can help you collect witness statements, medical records, and any other pertinent information to support your case.
• Understanding Statutes of Limitations: Each state has specific time limits for filing claims. Our attorneys will ensure that you are aware of these deadlines to protect your right to seek compensation.

At Sua Law Group, we are dedicated to providing compassionate and knowledgeable legal support to victims of assault and battery.