Simple Battery (PC 242)
Penal Code § 242 · CALCRIM 960
Simple battery is any willful, offensive touching of another person — no injury needed. On its own it's a misdemeanor, and often very defensible, but it sits at the base of a family of far more serious charges, so the label matters enormously.
We defend people charged with crimes in Los Angeles, Orange and Riverside counties. We do not file lawsuits or represent victims.
In plain English
How serious is this?
Battery is unwanted physical contact — a push, a slap, a thrown drink, even an angry poke. The law doesn't require any injury; it only requires that the touch was willful and offensive. Plain simple battery is a misdemeanor, but who was touched and whether they were hurt can change everything.
| Case reference | PC 242 · simple battery |
|---|---|
| Section | PC 242 |
| Severity | Misdemeanor |
| Injury required | No |
| Contact required | Yes |
| Custody exposure | ≤ 6 months jail |
| Max fine | ≤ $2,000 |
| Strike | No |
| Instruction | CALCRIM 960 |
Diversion often available for a first offense. Escalates under 243(d) (serious injury), 243(e)(1) (partner), 243(b)/(c) (officer). Statute of limitations 1 year (PC 802). Figures per statute — confirm before publication.
What it carries, on paper
| Penalty | Range |
|---|---|
| Level | Misdemeanor |
| Jail | Up to 6 months in county jail — often none on a first offense |
| Fine | Up to $2,000 |
| Probation | Summary probation (1–3 years), sometimes with an anger-management course |
| Diversion | A first offense may qualify for diversion — complete a program and the case is dismissed |
| Firearms | A battery conviction can trigger a 10-year firearms ban |
| Also expect | Possible restitution · possible protective order |
Because simple battery is at the bottom of the scale, a common and valuable outcome is keeping a more serious charge here — negotiating an assault or injury charge down to a plain battery, or a battery down to a dismissal through diversion.
The first few hours
Common mistakes people make early
Simple battery often comes out of a heated moment, and it's easy to make it worse in the hours and days after.
Before the first meeting
What to bring your lawyer
- Any charging or arrest paperwork, and any protective order.
- An honest account of what happened, including what led up to the contact and who did what first.
- Photos of any injuries to yourself, and any texts, messages, or posts from before or after.
- Names and numbers of anyone who saw it, and any video that may exist.
Mitigation packet — bring whatever applies
Good outcomes often turn on who you are, not just what happened. Start gathering these early — we use them to argue for reduction, diversion, or a lighter sentence. This same packet helps in any charge we defend, so it's worth building once and keeping.
- Education — diplomas, transcripts, enrollment or admission letters.
- Family & dependants — photos of your children and family, and proof you support them.
- Military service — proof of service or discharge papers (DD-214).
- Employment — proof of work, a letter from your employer, recent pay records.
- Medical — diagnosis, hospital records, and treatment history for any condition.
- Steps already taken — proof of enrollment in an anger-management, counseling, or treatment program.
- Character — reference letters and evidence of community or volunteer involvement.
What you can do now
- Photograph any injuries to yourself — several angles, ideally date-stamped — while they are still visible.
- Preserve the full exchange around the incident; do not delete or edit anything.
- Have no contact with the other person; route everything through your lawyer.
- Consider enrolling voluntarily in an anger-management or counseling program — it can support diversion or a reduction.
- Avoid discussing the case with anyone but your lawyer — and never on social media.
The law — for counsel
Elements
CALCRIM 960 states what the People must prove:
Penal Code § 242 · CALCRIM 960
(1) The defendant willfully touched the other person in a harmful or offensive manner; and (2) the defendant did not act in self-defense, defense of another, or while reasonably disciplining a child.
Counterintuitive points
- No injury, force, or violence required. "Force or violence" in the statute is misleading — the slightest offensive touch, done rudely or angrily, suffices.
- Contact can be indirect. Touching an object connected to the person — their clothing, something they hold, or an object they are riding — can be a battery.
- General intent. "Willful" means the act was done on purpose; no intent to injure or to break the law is required — voluntary intoxication is not a defense.
- Self-defense is built into the instruction. Element 2 makes the People disprove self-defense / defense of another / reasonable discipline where raised (CALCRIM 3470).
- Not a strike, not a wobbler in its plain form — but injury (243(d)) or a GBI enhancement (PC 12022.7) changes both.
Where it escalates
The battery family — where it escalates
Confirm precisely which subdivision is charged; simple battery is the floor, and each step up changes exposure sharply.
| Section | Circumstance | Level / exposure |
|---|---|---|
| 242 / 243(a) | Simple battery | Misd · ≤ 6 mo · ≤ $2,000 |
| 243(e)(1) | Spouse / partner / co-parent | Misd · ≤ 1 yr · 52-wk program |
| 243(b)/(c) | Peace officer, EMT, etc. | Misd or wobbler · elevated |
| 243(d) | Serious bodily injury | Wobbler · up to 4 yrs |
| 243.4 | Sexual battery | Wobbler · registration risk |
| + 12022.7 | Great bodily injury enhancement | Added term · strike |
Related/lesser: assault (PC 240) · disturbing the peace (PC 415). Confirm all terms and current program requirements against statute.
Where it is fought
Jury instructions & bench notes
- CALCRIM 960 is the core instruction (2025 edition); element 2 is given only when self-defense, defense of another, or reasonable discipline is at issue.
- CALCRIM 3470 (self-defense / defense of another) will usually pair with it.
- Watch the bench notes on the "harmful or offensive" definition and on the indirect-contact line of authority.
Common defenses
- Self-defense or defense of others: reasonable belief in imminent harm and proportionate force — the instruction itself puts this in issue.
- The touching was not willful: accident, reflex, or incidental contact in a crowded space.
- Consent: mutual combat or consented-to contact (e.g., sport), within limits.
- Reasonable parental discipline where the facts support it.
- No offensive touching: incidental or de minimis contact that was neither harmful nor offensive.
- False or exaggerated accusation: impeach with the full exchange, motive, and inconsistent statements.
- Mistaken identity in a chaotic or crowded incident.
Common questions
FAQs
01Can I be guilty if no one was hurt?
Yes. Battery requires no injury at all — only a willful touch done in a harmful or offensive way. "Nobody got hurt" is not, by itself, a defense.
02What's the difference between assault and battery?
Assault (PC 240) is the attempt or threat of unwanted contact; battery (PC 242) is the contact actually happening. You can commit an assault without ever touching anyone, and a battery is essentially a completed assault.
03Is simple battery a strike?
No. Plain simple battery is a misdemeanor and not a strike. But related charges — battery causing serious injury, or a great-bodily-injury enhancement — can be, which is why the exact charge matters.
04Can a first offense be kept off my record?
Often, yes. A first simple-battery charge may qualify for a diversion program — complete it and the case can be dismissed. Whether you qualify depends on the facts and your record.
How we help
Talk to us before you talk to anyone else
Battery cases are usually smaller than the report makes them sound and more complicated than the arrest suggests. One sentence in a police narrative can turn a shove in a crowded room into a criminal charge, so our first work is on the part nobody wrote down — the full exchange, the messages both sides sent afterwards, the witnesses who were never interviewed, and whether the contact was willful at all. Where charges have not yet been filed, that work goes to the filing prosecutor before there is a case number.
These are heard across Los Angeles County Superior Court, and we appear in all of its districts — Airport, Downtown (CCB and Metro), Van Nuys, Long Beach, Pasadena, Torrance, Inglewood, Compton, Downey, Norwalk, Alhambra, Bellflower, West Covina, Pomona, San Fernando, and the rest of the county.
Arraignment, discovery, negotiation and, if it comes to that, trial: the same two attorneys carry the file from the first call to the last court date. There is no intake center between you and your representation.
Law Office of Aaron P. McAllister — Aaron P. McAllister, Esq., responsible attorney. 3415 S Sepulveda Blvd, Suite 1100, Los Angeles, CA 90034. Attorney advertising. This page is general information about California law, not legal advice. Prior results do not guarantee a similar outcome. Submitting information through this website does not create an attorney–client relationship.