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A Quick Look at California Law on Shoving Someone Pt 2

July 28, 2019 0 Comment Category: Personal Injury

The California Penal Code 242 for battery comes into play where there is unlawful and willful violence or force used against someone. Any physical contact can be considered battery when the intent is to harm the other person. Physical contact includes any use of objects to touch the other person, as well as touching another person through their clothing. When it comes to shoving, because there is intent to harm, it is considered battery, even if there are no injuries. The key point to note here is that there needs to be physical contact for it to be considered battery.

A battery charge under the California Law is a misdemeanor and it is punishable by jail time and/or a fine. The maximum amount of jail time is up to 6 months in county jail. The maximum fine for a battery case is twice the amount of an assault charge, and can go up to $2000.

What Do I Do if I Am Being Accused of an Assault or Battery?

You can raise a legal defense if you are being assured of assault or battery. A California litigation lawyer can assist you with challenging your charges. A criminal defense lawyer is the best type of lawyer to hire in this situation. They will be able to help you lower your charge or possibly even dismiss it.

When it comes to an assault charge, there are some common defenses, which a defendant can bring to the table.

• The accused did not attempt to use any means of force
• The accused was acting in self-defense
• The accused was not acting willfully
• The accused was accused falsely

When it comes to a battery charge, the lawyer can raise the following defenses.

• The accused did not physically touch someone (although he/she attempted to)
• The accused did not willfully use force
• The accused was acting in self-defense
• The accused is being charged without probable cause

No matter whether you are in a situation where you have been assaulted or battered, or if you are being accused of assaulting or battering someone, it is wise to speak to an attorney. Make sure to take documentation of any information surrounding the assault or battery. If you have been injured, see a medical professional, and take pictures of the injured area or anything else that might be important to your case.

California State has strict laws to protect all its people from any act of violence. The laws are put in place to protect people from getting harmed, which is why something that might seem like “just a shove” is against the law here in California. If there is intent to harm, or harm, you have a case to proceed legally and get compensation for the damages.