| If an individual is charged with a Penal Code 242 | | | | and their family were in danger and therefore, |
| violation in California, it means that he or she has | | | | acted in a physical way to prevent that danger |
| been charged with assault and battery. Basically, | | | | from occurring. |
| the elements of this crime mean that the accused | | | | Consent |
| is being alleged to have willfully and unlawfully used | | | | This defense might be used if the alleged victim |
| force or violence on another person. Even if the | | | | has given his or her consent to be engaged in a |
| alleged victim was uninjured, the charges can still | | | | physical contact of some sort with the accused. |
| stick if the accused made unwanted physical | | | | For instance, if someone was injured during a |
| contact with the victim. This leaves a lot of room | | | | contact football game that he or she was a willing |
| for individuals to be accused of violation of this | | | | participant of, they gave their consent to physical |
| code, even if they really didn't mean to hurt the | | | | interaction with everyone else who was part of |
| alleged victim. | | | | the game. Should they file charges against |
| Defenses of Penal Code 242 in California | | | | someone for assault and battery, the accused |
| Simply because one has been charged with a | | | | could most likely get those charges dismissed |
| violation of Penal Code 242 or Assault and | | | | fairly easily with a competent attorney, since the |
| Battery, it doesn't mean that the individual will be | | | | individual filing charges gave his or her consent to |
| convicted. There are several reasons the charges | | | | the game and the physical contact. |
| may be dropped, and several defenses that a | | | | Accidental |
| qualified attorney might use to help his or her | | | | If the individual who was injured was injured |
| client. | | | | because of an accident, the accused may have |
| Self-Defense | | | | the charges dropped against him or her. One |
| One possible defense of Penal Code 242 is | | | | example might be if both parties were at a |
| self-defense. If an individual injured another in the | | | | concert in the front where most concert goers |
| course of self-defense, when he or she was | | | | become rowdy, and one inadvertently catches |
| defending themselves against someone else, the | | | | the other in the face with an elbow while |
| charges can be dropped. Under California law, | | | | cheering, it is accidental. However, the injured |
| individuals have the right to defend themselves if | | | | individual may choose to file charges. The accused |
| they are attacked or if they feel that they are in | | | | can most likely get his or her charges dropped on |
| danger. For instance, if a person comes into a | | | | the basis that it was not intentional, but in fact, an |
| house they have not been invited into, and | | | | accident. |
| engages in threatening activity (such as waving a | | | | One of the most important things someone who |
| weapon around or threatening the members of | | | | is accused of violating penal code 242 'assault and |
| the household) and one of the members of the | | | | battery' can do is contact a competent attorney. |
| household physically restrains and injures the | | | | The attorney can gather details quickly and get |
| intruder, it would be considered self-defense. The | | | | started on the defense so that the accused |
| member of the household believed that he or she | | | | person's rights are protected. |