NO, NO NO!!!!
(picture RMET stamping her feet and turning red) this case is in TEXAS not CALIFORNIA!
IAAL YOu said:
CA PC 242. A battery is any willful and unlawful use of force or violence
upon the person of another.
However CA law doesn't apply to a TX case.
ASSAULT: A physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. (TEXAS PENAL CODE SECTION 22.01) An assault is "aggravated" if it causes serious bodily injury,, or, the actor uses or exhibits a deadly weapon. (TEXAS PENAL CODE SECTION 22.02)
BATTERY: A battery is the use of force to cause bodily injury, or, contact with someone in an offensive manner.
§ 22.01. ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes
bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with
imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical
contact with another when the person knows or should reasonably
believe that the other will regard the contact as offensive or
provocative.
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor, except that the offense is a felony of the third degree
if the offense is committed against: < >
(2) a member of the defendant's family or household, if
it is shown on the trial of the offense that the defendant has been
previously convicted of an offense against a member of the
defendant's family or household under this section; or
Text of subsec. (b)(3) as added by Acts 2003, 78th Leg., ch. 294, § 1
§ 22.02. AGGRAVATED ASSAULT. (a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the offense is committed:
(3) in retaliation against or on account of the
service of another as a witness, prospective witness, informant, or
person who has reported the occurrence of a crime; or