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Penal Code 242 – Battery Laws in California

The crime of battery is often confused with the crime of assault. This may be due to the frequently used term “assault and battery” which is most commonly used rather than just assault or just battery. There is a difference between the two and the following is an explanation of the difference.

The distinct difference between assault and battery is that, battery requires that the defendant have actual physical contact with the victim. Whereas with assault, you can be charged with assault even if you did not actually, physically touch the victim. The definition of battery is the willful and unlawful use of force or violence on someone else. My clients are often surprised to learn that you can be charged, and found guilty, of battery even if there was no injury or injuries. All that is required is that the victim was touched in an offensive way.

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California Proposition 47, Do You Qualify?

California Proposition 47 is a recently approved law, which allows many individuals who have criminal convictions, to reduce their felony conviction(s) to misdemeanor convictions. Further, it allows those who are currently being prosecuted for felonies, to have their charges reduced to misdemeanors and prosecuted as misdemeanors. It is important to note that not all felony convictions and charges are eligible and not all individuals are eligible. Below is a brief overview of Proposition 47 and who qualifies.

Simply put, the new law reduces the classification of most non-serious and non-violent crimes from wobblers or felonies to misdemeanors. Wobblers are crimes that may be prosecuted and either a misdemeanor or a felony, depending upon the circumstances. Typically, the types of crimes eligible for Prop 47 are property and drug crimes. However, individuals who have prior “disqualifying” convictions will not qualify for Prop 47. Those convictions include any felony offense, which requires Penal Code 290(c) registration or convictions under Penal Code 667(e)(2)(C), (serious, violent crimes, including murder and certain sex and gun crimes, and registered sex offenders). The following are some of the crimes eligible for reduction of penalties under Proposition 47:

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Identity Theft

Identity theft is defined in Penal Code 530.5 and is described as follows:

  • The willful taking of someone’s personal identity information for the purpose of securing credit, money, services or property, in their name for your benefit, without their consent.
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As a Criminal Defense Lawyer, practicing law for more than 20 years in Orange County California, I am often asked about the law as it pertains to legally carrying a concealed weapon.   I have represented hundreds of individuals who have been charged with illegally carrying a concealed weapon.  While it is legal to buy, carry, and conceal a weapon in California, there are strict rules in doing so and strict rules as to who may obtain a license to do so.  Here is some information pertaining to applying for a license to carry a concealed weapon (CCW) and an explanation of who may and may not carry a concealed weapon.

California Penal Code sections 26150 and 26155 provides that a license to carry a pistol, revolver, or other firearm capable of being concealed, may be issued to an individual but,  a statewide standard application form must be completed and approved.

Who May be Issued a License:

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White collar crime involves illegal activity that is done for the sole purpose of financial gain to the individual being accused and typically takes place in a businesses or corporation. It doesn’t matter whether the business is a small, “mom and pop” business or a large corporation.   Any theft of funds, fraud, etc., is a crime and falls under the category of “White Collar Crime”.   Here are some examples and explanations of white-collar crimes:

Embezzlement: Embezzlement is one of the most common, and most often charged, white-collar crimes. Basically it is a theft involving an employee stealing from their employer. The accused is typically a person who has been placed in a position of trust, has access to money coming into and going out of the business and, has a certain amount of control. It is a premeditated act, which requires a degree of sophistication, planning and covering up. It usually involves the theft of money, taken in small amounts, over a period of time. Embezzlement can also involve the taking of property or services. It may involve only one person or, there may be many employees involved. Regardless, embezzlement is a very serious crime and, can involve the FBI, depending upon the circumstances. Penalties, punishment and fines are determined based upon the amount of the theft itself.

Money Laundering and Extortion: Money laundering is the act to conceal money, which was illegally obtained and then “laundered” through a business with the intent to hide where the money has come from. Extorting money from someone involves intimidation or threats. This may involve money or property.

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A new phone app called “Yik Yak” has become extremely popular among teens over the last several months. The app was originally created and meant for college-age students as a virtual campus bulletin board. It is a location-based app, which allows people to interact, “anonymously” with those around them. Although meant for college-age students and adults, younger kids, in middle school and high school can download the app fairly easily. This has become a new, increasingly serious problem as the app has been used for cyber-bullying and threats. Creators of the app say whenever a threat is posted to the site, it immediately begins working with law enforcement agencies in the area to track down the suspect.

The attraction for teens to this app is that it is “anonymous” and therefore, teens feel safe in posting whatever they want without the fear of being found out, or caught. But, in this situation, it is not truly anonymous. Anything you post on line can be traced and, according to the police agencies, the police can find out who you are, will find out who you are and will arrest you.

A recent bomb scare at San Clemente High School, in Orange County California, was a result of a Yik Yak posted threat. It forced the school to shut down and required the bomb squad and bomb-sniffing dogs to be deployed to the school. The school was later safely cleared but police are still actively pursuing the person who made the threat. If police are able to trace the threat to the responsible person, that person will face felony criminal and/or terrorist threats.

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In California, current law prohibits both public and private employers from asking an applicant to disclose any information concerning an arrest or detention that did not result in a conviction. Further, as of July 1, 2014, all state and local agencies are prohibited from asking applicants to disclose information regarding criminal convictions, with some exceptions, until it has been determined that the applicant meets the minimum employment qualifications for the position.

Exceptions include: Peace Officers, Court Employees, Prosecuting Attorneys, Public Defenders, Health Officers, Child Support EE’s, Child Care Providers, IHSS Workers, Park, Playground, Rec Center EE’s and Residential Care Facility EE’s.

Recognizing that the barriers to employment for people who have criminal convictions increases unemployment and increases the risk of individuals reoffending, the Legislature has found that reducing the barriers will decrease unemployment and improve economic stability in communities.

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A grove of marijuana plants was found a few weeks ago by Orange County Parks Personnel, which they believe had been growing for quite some time. The grove was discovered very close to a “really nice residential area”, which is unusual, especially a grove this large.

According to the Orange County Sheriff’s Department, approximately 2,500 to 4,000 plants were discovered in the Canyon area of the Laguna Wilderness Park and may be worth around $5 million. The plants are reported to be in various stages of growth and it seems clear that the grove has been there, unnoticed by residences and OC Parks Personnel, for a while. Although the plants were discovered outside of city limits, residence are shocked that anyone or any group, would be so brazen as to cultivate such a large grove of marijuana in such a visible area. They are equally as shocked that it went unnoticed long enough to grow so large.

On August 15, the Orange County Sheriff’s Department began a marijuana cultivation eradication operation, which will consist of narcotics investigators hiking into the area, which is apparently very rugged, in order to pull up the plants manually. The Sheriff’s Department has also enlisted the help of an airship to lift the plants and carry them to a area nearby where they will be processed as evidence.

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St. Paul, Minn has a new bill that may someday make it’s way to California. It is called the criminal records expungement bill. The bill will allow those convicted of misdemeanors and some low-level felonies, to get their criminal records sealed.

The idea behind the new law is designed to help people go forward with their lives and help with potential jobs and housing. There are many companies who have policies against hiring people with a criminal record, even if that record is 20 years old. The mistakes people make when they are young follow them around for the rest of their lives and in many cases, prevent them from getting good jobs.

During the signing ceremony, a woman spoke of how two misdemeanor convictions, when she was 18 and 20, have derailed her getting hired with good companies. Even though she has changed her life and worked her way through college, her criminal background continues to hold her back. She earned a marketing degree but lost out on good jobs once a background check was done.

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