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Orange County Battery Attorney

Battery

Battery, often confused with assault, does not need any injuries to be alleged or charged. To think of it simply, all you need for a battery to have occurred is a touch. You will find some helpful information on the common defenses to battery as well as the law that governs it.

Defense to Battery

An action might not be considered battery if it was done in self defense. Self defense, however, does not include actions in response to anything that was not a direct threat or physical assault. For example, a slap in retaliation for persistent annoyance or provocative comments would not be considered self defense and still qualify as a battery.

Law of Battery

Crimes of battery can range anywhere from a simple brush to a well planned punch as long as it is committed willfully and in a harmful or offensive manner (Penal Code § 240). Committing an action willfully and having intent to harm are not necessarily the same thing. The person may not have intended to hurt another person, but if the action that caused the hurt was done on purpose, then the action was done willfully.


The reason why even a slight contact of skin can be considered battery is because the casual touch may have been done in an offensive manner. Even touching through clothes or touching another person indirectly with an object can be considered battery if the touching is done in a rude or angry manner.