YOU MAY NOT HAVE TO APPEAR IN COURT!  //  CALL US ANY TIME  //  LOCATED DIRECTLY ACROSS FROM VISTA COURTHOUSE

Christoph Law Offices, DUI & Criminal Defense
Criminal Defense 40 + Years Experience

CALL 24/7 – Free Consultation
760-670-3885

Christoph Law Offices, DUI & Criminal Defense
Christoph Law Offices, DUI & Criminal Defense

HIGHEST RATING IN LEGAL ABILITY
AND ETHICAL STANDARDS

  • Top Lawyers - San Diego Magazine
  • Former Deputy San Diego City Attorney
  • Former USMC Captain
  • Located Directly Across From Vista Courthouse
  • Over 150 Five Star Reviews on Google and Yelp

Attorneys William R. Christoph & Nicholas W. Christoph

Does “Battery” require injury?

On Behalf of | Mar 9, 2018

Simple Misdemeanor Battery per California Penal Code 242 does not require injury.  Any rude or angry touching of another can be a battery even without injury.  The law protects individuals from any willful touching in a harmful or offensive manner, and which is not in done self defense.  Simple Assault per PC 240 requires someone to have the present ability to apply force and willfully act, not in self defense, in a way that a reasonable person would believe the probable result would be a battery.  Assault is more of a threatening and actual touching is not required for PC 240.

The slightest touching may be enough to constitute Battery if it was done in a rude or angry manner. Words alone by another person are not a valid excuse for committing this crime. it is a defense to battery if you are responding with reasonable force to a valid threat or assault to yourself or another. There are more serious charges of battery if committed against a spouse, elder, peace officer, firefighter, school employee, juror or other protected governmental groups identified in the penal code.

Additionally, Assault or Battery can become a felony if there is serious injury or a weapon is used, see California Penal Code 245. These charges are serious even as misdemeanors. They can result in loss of vocational licenses or employment, immigration issues, loss of gun rights, child visitation and custody issues and are problematic in many other areas. If you are arrested or charged with an assault or battery, it is important to contact a criminal defense attorney right away to address the issues and understand the Court process. Criminal defense law firm Christoph Law Offices has been across the street from Vista Courts for over 35 years, and offer a free consultation by calling 760-670-3885.

Categories

Archives

""
Google 5 Star Reviews

Over 150 Five Star Google and Yelp Reviews

5 stars
Yelp 5 Stars Logo

HIGHLY RECOMMEND

I highly recommend Christoph Law Offices to everyone. Nick is a true professional who will go above and beyond for his clients. Thank you!
– Mahir B.

AMAZING ATTORNEYS!

Amazing attorneys! Bill Christoph was very helpful during my case. He was always quick to get back to me about my questions.
– Collin W.

EXPERT IN HIS FIELD

Great experience overall having William Christoph as my attorney. He understands his client, very insightful and is an expert in his field.
– Soheila N.

Defending Against DUI and Criminal Charges Throughout San Diego County

TOP RATED In The Legal Community
San Diego magazine Top Lawyers 2022
Martindale-Hubbell AV Preeminent Rating, Peer Rated for Highest Level of Professional Excellence
AVVO Rating 10 Superb Top Criminal Defense