PC §101 - BATTERY
CLASS D MISDEMEANOR
(a) Definition
Battery is defined as the intentional and unlawful use of force or violence upon the person of another.
(b) Elements of the Offense
To prove battery, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant intentionally touched or made physical contact with another person.
The touching was harmful or offensive to the other person.
The defendant's actions were unlawful, without legal justification, excuse, or consent.
The defendant's actions were committed willfully and with the intent to cause harm or offense.
(c) Penalties
Violation of this section shall be punishable by:
A fine not exceeding [insert maximum fine amount].
Imprisonment in [insert appropriate term of imprisonment] in county jail or state prison, or both.
Other appropriate penalties as determined by the court.
(d) Defenses
Defenses to a charge of battery may include, but are not limited to:
Self-defense: The defendant reasonably believed they were in imminent danger of bodily harm and used force to defend themselves.
Defense of others: The defendant used force to protect another person from imminent bodily harm.
Consent: The alleged victim consented to the touching or physical contact.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for battery or other violent offenses.
Use of a deadly weapon or instrumentality in the commission of the battery.
Infliction of serious bodily injury or permanent disfigurement on the victim.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
40 SECONDS OF JAIL TIME.
BOND SET
$4,000.00
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