Battery

  • ABOUT OUR FIRM

    Robert L. Miller and Associates is a law firm dedicated to clients. We have handled thousands of cases, and have winning results. Learn more about our firm and why it’s the best choice.

    Read more

  • CASE RESULTS

    DUI Dismissals and Case Results
    See some of the many cases we have won at trial or through motions, negotiations, or strategy. Learn why we are so successful in protecting clients

    Read more

  • CONTACT US NOW...

    If you have been arrested, don’t delay. You have only 10 days to save your license. Contact us today for a FREE consultation, and find out about all of your options, and all of your rights, and how to protect yourself.

    Read more

BATTERY

Penal Code 242 California

If an individual is charged with a Penal Code 242 violation in California, he or she has been charged with assault and battery. Basically, this means that the accused has willfully and unlawfully used force or violence on another person. Even if the alleged victim was uninjured, the charges can still stick if the accused made unwanted physical contact with the victim. This leaves a lot of room for individuals to be accused of violation of this code, even if they really didn’t mean to hurt the alleged victim.

Possible Defenses of Penal Code 242 in California

Simply because one has been charged with a violation of Penal Code 242 or Assault and Battery, it doesn’t mean that the individual will be convicted. There are several reasons the charges may be dropped, and several defenses that a qualified attorney might use to help his or her client.

Self-Defense

This defense might be used if the alleged victim has given his or her consent to be engaged in a physical contact of some sort with the accused. For instance, if someone was injured during a contact football game that he or she was a willing participant of, they gave their consent to physical interaction with everyone else who was part of the game. Should they file charges against someone for assault and battery, the accused could most likely get those charges dismissed fairly easily with a competent attorney, since the individual filing charges gave his or her consent to the game and the physical contact.

Accidental

If the individual who was injured was injured because of an accident, the accused may have the charges dropped against him or her. One example might be if both parties were at a concert in the front where most concert goers become rowdy, and one inadvertently catches the other in the face with an elbow while cheering, it is accidental. However, the injured individual may choose to file charges. The accused can most likely get his or her charges dropped on the basis that it was not intentional, but in fact, an accident.

One of the most important things someone who is accused of violating penal code 242 ‘assault and battery’ can do is contact a competent attorney. Our assault attorneys can gather details quickly and get started on the defense so that the accused person’s rights are protected.

Our Mission: "To deliver outstanding client service, to provide fulfilling careers and professional satisfaction for our people, and to achieve financial success so that we can reward ourselves, grow, and give back to the community."