Prosecution Elements – Battery
The following is what the prosecuting attorney must prove and the instructions that the Jury will read in determining the verdict for a charge of battery under California Penal Code 242, 243(a). Note that this is the general battery crime and there are several different types of battery that can be charged. Also, be aware that if you may be charged with both assault and battery.
Simple Battery – California Penal Code 242, 243(a)
The defendant is charged with battery in violation of Penal Code section 243(a).
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant willfully [and unlawfully] touched <insert name> in a harmful or offensive manner(;/.)
<Give element 2 when instructing on self-defense, defense of another, or reasonable discipline.>
AND
2. The defendant did not act (in self-defense/ [or] in defense of someone else/ [or] while reasonably disciplining a child).