Monday, May 13, 2013

Am I Guilty Of Battery? California Penal Code 242 Battery

There are three (3) primary elements which must be met for a conviction under California Penal Code 242:

  1. Willful conduct;
  2. By means of force or violence;
  3. Upon another
It is not necessary that you intended to injure the victim.  The force or violence requirement does not mean that your conduct must have cause pain or injury.  Depending upon the facts and circumstances, a slight touch may be deemed a battery if it was unjustifiable. 

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