California Penal Code Section 243 provides details about penalties for battery convictions in the state. However, PC 243 represents only one of the charges used to prosecute the act of battery or touching someone in a harmful or offensive manner.
Generally, battery convictions lead to fines and incarceration. You can learn more about these charges with our team at the Simmrin Law Group. Our criminal defense lawyers can provide detailed answers to your questions about battery charges and penalties.
What Is the Sentence for Battery in California?
When considering the penalties for battery in California, it’s essential to understand that the state has several different battery charges. However, generally, these charges result in fines, incarceration, and a required anger management program.
Penalties for Simple Battery (PC 242)
According to PC 242, individuals commit simple battery if they willfully use force on another person. Individuals may face battery accusations simply for touching someone in an offensive manner without lawful cause.
A conviction for simple battery can lead to:
- Jail time: Up to six months
- Fines: Up to $2,000
Penalties for Battery on a Peace Officer (PC 243b and 243c)
Individuals face charges under PC 243b or 243c if they commit an act of battery on specifically protected persons, including:
- Police officers
- Peace officers
- Paramedics and EMTs
- Custodial officers
- Lifeguards
- Firefighters
Note that the court system treats PC 243b and 243c charges as wobblers. In California, the court may prosecute wobblers as either misdemeanors or felonies, based on the facts of the case. However, most of the time, prosecutors treat PC 243b and 243c charges as misdemeanors.
Misdemeanor Penalties for Battery on a Peace Officer
Misdemeanor violations for battery on a peace officer can result in:
- Jail time: Up to one year
- Fines: Up to $2,000
If the peace officer experiences an injury that requires treatment by a healthcare professional, an individual may face a felony charge.
Felony Penalties for Battery on a Peace Officer
Individuals who face felony charges under PC 243b and 243c may face:
- Jail time: Up to three years
- Fines: Up to $10,000
Penalties for Domestic Battery (PC 243e)
The court treats domestic battery as a misdemeanor in California under PC 243e. Domestic battery charges involve acts of violence against an individual’s intimate partner. Under the law in California, intimate partners can include a:
- Current or former spouse
- Fiancé
- Co-parent
- Dating partner
Individuals convicted of domestic battery in California may face:
- Jail time: Up to one year
- Fines: Up to $2,000
Penalties for Aggravated Battery Causing Serious Bodily Injury (PC 243d)
California treats PC 243d charges as wobblers. Individuals may face these charges if they engage in an act of battery and inflict a serious injury on someone else. Examples of “serious” injuries in California include:
- Bone fractures
- Concussions
- Disfigurement
- Injuries that cause loss of consciousness
- Wounds that damage body parts or organs
- Wounds that require suturing
Misdemeanor Penalties for Aggravated Battery
Some individuals face misdemeanor charges for aggravated battery. A conviction in these cases can result in:
- Jail time: Up to one year
- Fines: Up to $1,000
Felony Penalties for Aggravated Battery
Felony charges for aggravated battery result in more serious penalties. Individuals convicted of felony battery in California may face:
- Jail time: Up to four years
- Fines: Up to $10,000
A battery lawyer in California can build a defense for any of these criminal charges.
Can You Get Probation for Battery in California?
In some cases, the court sentences individuals to probation instead of incarceration following a conviction for battery. Probation allows individuals to stay out of jail on the condition that they follow specific regulations issued by the court.
Generally, individuals on probation for a battery charge must:
- Attend and complete a batterer’s treatment program or domestic violence class
- Attend a different counseling program or anger management program
- Complete community service hours
- Keep or maintain employment
- Commit no additional criminal acts
Individuals who violate the terms of their probation may end up having the probation extended or revoked, leading to time in jail.
Do Judges Issues Restraining Orders for Battery in California?
After a battery conviction, judges sometimes issue a restraining order, especially if they grant probation. These orders, also called protective orders, generally require an individual to stay a certain distance away from the alleged victim of the battery.
Restraining (or protective) orders may also require the defendant to avoid harassing, harming, or threatening the individual who accused them of battery.
Violating a protective or restraining order may have additional legal consequences in California.
How do You Avoid Penalties for Battery in California?
Working with a violent crimes lawyer can help individuals handle the penalties for battery as listed in California Penal Code Section 243. Lawyers focus on:
- Blocking evidence
- Protecting the rights of their clients
- Getting battery charges reduced or dismissed
In some cases, lawyers work to show that an individual took a violent action in self-defense or to protect someone else. Lawyers could also show that an injury occurred as a result of an accidental act.
Many individuals resolve battery accusations either by accepting a plea bargain or handling the charges in court.
Review Penalties for Battery Under California Penal Code Section 243
According to California Penal Code Section 243, penalties for battery can include jail time, fines, and probation. Individuals may also face restraining orders and requirements to attend programs for anger management.
A California battery lawyer can help you handle these charges. You can speak with legal professionals today when you contact the Simmrin Law Group.
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