Battery

Penal Code Section 242-243

A Battery occurs whenever one person touches another without consent. A Battery can be charged as a misdemeanor or a felony. The amount of injury to the victim will usually decide whether the case is charged as a felony or a misdemeanor.

A misdemeanor battery carries a maximum of 1 year in jail; however most misdemeanor batteries carry little or no jail time with a skillful attorney.

A felony battery under Penal Code Section 243 is a maximum of 3 years in state prison. It should be noted, however, that if a person commits a battery by shooting another person such a crime can result in a charge of manslaughter or attempted murder which carry much higher sentences including life in prison.

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