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.
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.
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.