Table of Contents
What is a 242 charge?
1. Definition and Elements of the Crime. Battery under California Penal Code Section 242 PC is a frequently-filed criminal offense that involves any intentional and unlawful physical contact on another person.
What is a 240 PC charge?
1. Definition and Elements of the Crime. The crime of assault under California Penal Code Section 240 PC is often described as an “attempted battery” involving an attack or threatened attack on another that does not result in physical contact, injury or harm.
What are the consequences of assault and battery?
With a monetary fine, a felony assault and battery conviction hold one or more years in prison or jail. For cases where a crime is committed against specific classes of persons, many jurisdictions have enacted enhanced penalties, which result in more severe punishments.
What is the first element of PC 242 battery?
In order for you to be convicted under PC 242, the prosecutor must prove the following elements of battery: Willful and unlawful touching of the the alleged victim in a harmful or offensive manner; and. You did not act in self-defense, in defense of someone else, or while reasonably disciplining a child.
Is punching someone a crime?
Punching a person is a battery under California law (per Penal Code 242) and it could be charged as a felony if the defendant: punched a person and it caused great bodily injury.
What does PC charge mean?
PC is short for Penal Code. Penal Code Section 602 is the California statute on trespassing. Note that “booking” refers to the procedure where law enforcement officers record the details about a person’s arrest. These details include the charges a person is suspected of.
Is 243 pc a misdemeanor?
Domestic Battery under California Penal Code Section 243(e)(1) PC is a misdemeanor that can be punished by up to a year in jail, expensive court fines, community service and/or community labor, domestic violence classes including anger management, and protective/stay-away orders.
What’s the punishment for battery under PC 242?
A traditional criminal battery charge under PC 242 is considered a misdemeanor and is punishable by a fine up to $2,000 or by imprisonment in the county jail for up to six months, or both. If you have been charged with a battery against a peace officer, firefighter, paramedic, or other individual in…
What happens if you violate California Penal Code 242?
California Penal Code 242 (PC 242) is a misdemeanor offense that could be punished with court fines up to $2,000, probation and/or community service, anger management, or other forms of court-ordered counseling, and up to six months in jail.
What are the penalties for battery in California?
Penalties for assault and battery California Penal Code 242 PC simple battery is a misdemeanor in California law. 5. The penalties for California battery in most cases include a fine of up to two thousand dollars ($2,000) and/or up to six (6) months in county jail. 6
What is section 240 of the California Penal Code?
Assault is covered under California Penal Code Section 240 (PC 240). A man walks up to a colleague at the office kitchen and tries to engage in a conversation. The colleague is uninterested and begins to retreat when the man grabs her by the arm.