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Law Offices of 
JOSE C. ROJO
Attorney at Law, APC.

Law Office of Jose C. Rojo

Civil Litigation ・ Criminal Defense ・ Estate Planning

Assault and Battery

California Battery and its Related Offenses

There are several offenses that relate to battery... either because they are lesser included, as is the case with PC 240 assault... or because they are variations of PC 242 battery. The following are a few of the most common examples.


California Penal Code 243(d) battery causing serious bodily injury

Penal Code 243(d), also known as aggravated battery, is a wobbler.  "Wobblers" may be filed as misdemeanors or felonies, depending on (1) the facts of the specific case, and (2) your criminal history.  A "serious bodily injury" is one that results in a significant injury. Examples include (but are not limited to a concussion, loss of consciousness, broken bones, and disfigurement).  It should be noted that if the offense is charged as a felony because the victim suffers a great bodily injury, it will be labeled a violent felony. A violent felony subjects you to a "strike" under California's Three Strikes Law.


California Penal Code 245 (a) (1) assault with a deadly weapon (ADW)

An assault with a deadly weapon (ADW) takes place when you attempt to assault another with any type of deadly weapon or means of force that is likely to cause great bodily injury to that individual.  Like aggravated battery, this is a violent felony and a potential strike under California's Three Strikes Law.21

California Penal Code 243 (e) (1) domestic battery

There is very little difference between the elements in a simple battery under Penal Code 242 and domestic battery under Penal Code 243. The only added requirement in the latter is that the victim must be your intimate partner. 

Intimate partners, under California domestic battery law, include:

  • your fiancé or fiancée,
  • your current or former spouse,
  • someone with whom you live,
  • the parent of your child, and
  • anyone you are or were dating. 

California Penal Code 243.4 sexual battery

Unlike simple battery or domestic battery,sexual battery has elements that are very specific to that offense. Sexual battery is the non-consensual touching of the intimate part of another for (1) sexual arousal, (2) sexual gratification, or (3) sexual abuse.  It is therefore related to simple battery because both offenses involve an unsolicited, non-consensual touch.


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