Simple Battery — PC 242 | Law Office of Aaron P. McAllister

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.

The slightest touch counts No injury, pain, or mark is required. Any willful touch done in a rude, angry, or offensive way can be a battery — even touching someone's clothing or something they are holding. This is why people are often charged over what felt like a minor shove or a brush of contact.

What it's charged as matters Plain simple battery is a misdemeanor — but related versions are far more serious. If there was a real injury, or the person was a spouse, partner, officer, or other protected category, the charge can jump to a wobbler or worse. Confirming exactly what you are charged with is the first step.

Case reference — PC 242 · simple battery
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

Penalties — PC 242 · simple battery
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 verify
Firearms	A battery conviction can trigger a 10-year firearms ban verify
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.

Giving your side to the police Explaining "I barely touched him" can confirm the willful contact the prosecution needs — the touching itself is the offense.

Assuming no injury means no case Battery needs no injury at all, so "nobody got hurt" is not a defense on its own.

Contacting the other person Reaching out to apologize or explain can be read as harassment or witness tampering, especially if a protective order exists.

Not documenting your own injuries If you were defending yourself, photographs of marks on you support that — and they fade quickly.

Deleting messages or posts The surrounding exchange often shows provocation or context; deleting it destroys your own best evidence.

Treating it as trivial and skipping a lawyer Because battery is the gateway to more serious charges, early representation is often what keeps it a misdemeanor — or gets it dismissed through diversion.

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. verify
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.

The battery family — where it escalates
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. verify against current CALCRIM
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

[Attorney McAllister's voice — the firm's approach to these cases, the courthouses covered, and the stages of representation. This is the part no larger publisher can copy.]

Get your free case review →→ 24/7 · (310) 881-2786

Draft — pending firm verification
Laid up 4 August 2026 by ByteZero Marketing from the firm's supplied charge-page template (31 July 2026), for review by the Law Office of Aaron P. McAllister. Every legal statement follows the firm's template wording; every legal figure to be verified against primary authority and approved before publication. Primary sources: Pen. Code §§ 242, 243, 240, 415, 802, 12022.7; CALCRIM 960, 3470. To be revisited if the statutes or jury instructions change.

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.