How Does the Prosecutor Prove that I Committed California Penal Code 242 pc Battery?
In order to prove that you committed a PC 242 battery, the prosecutor must prove the following three facts (otherwise known as “elements” of the crime): • that you willfully, • used force or violence, • upon another.12 Let’s take a closer look at these terms to better understand the elements. Willfully “Willfully” means with a purpose or willingness to commit the act. It is not necessary that you (1) intend to break the law, or (2) intend to injure another.13 For example: Rick and Joan were involved in an argument. Rick drove away from the scene in a reckless manner and accidentally hit Joan when he wasn’t looking. Although it may be true that hitting Joan with the car was an accident, he willfully drove the car in a reckless manner. That willfulness is the type of conduct defined above…Rick acted “willfully” even though he didn’t intend to break the law or injure Joan. Force or violence The words “force or violence” mean the same thing. With respect to California battery law under P
