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What Are Some Defenses For (PC 242) Battery In Riverside & Orange County?

Posted in Assault FAQ'S on February 3, 2015

First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.

Typically, PC 242 battery defenses fall into one of three categories:

    • False Allegations

False allegations are common with Battery charges.

Often the person making the false allegations does so because they are worried about their own responsibility for the confrontation.

Other times, things like jealousy or anger can be enough to motivate a person to make false statements and allegations.

Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.

    • Accident

The prosecutor has to prove that the Battery was willful and unlawful.

True accidents therefore wouldn’t qualify. However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.

Accident is limited as a battery defense also to those actions that were not intended at all.

A good example of an accident would be opening a door and the door hitting someone on the other side that you did not know was there.
Battery Defense
An example of a case where an “accident” defense would not work is if you threw a rock in the direction of someone else to scare them but not intending to hit them.

If the rock hit that person, you would be technically guilty of Battery under that fact pattern.

    • Self-Defense

One of the most common scenarios in which PC 242 / Battery comes up is in a scenario where it is unclear who the initial aggressor is.

Frequently, the party responsible for starting the physical altercation will deflect blame and not clearly detail their role as the aggressor or instigator, claiming to be the victim.

This is because they are aware of their own potential criminal liability.

The right to self-defense means that you have the right to defend yourself when faced with grave, imminent danger and you believe such force is necessary to defend yourself.

You are only entitled to use that force reasonably necessary to defend against the danger.

If you or a family member has been arrested for (PC 242) Battery , call me at (951) 667-5293 if you live in Riverside County or (714) 758-5293 in Orange County.