What is the defense of a defendant in a battery case?

California, United States of America


The following excerpt is from People v. E.R. (In re E.R.), H041176 (Cal. App. 2015):

"A battery is any willful and unlawful use of force or violence upon the person of another." (Pen. Code, 242.) Battery is a general intent crime. (People v. Colantuono (1994) 7 Cal.4th 206, 217.) Accident is a defense to a general intent crime. (People v. Anderson (2011) 51 Cal.4th 989, 998.) This defense is set forth in Penal Code section 26: "All persons are capable of committing crimes except those belonging to the following classes: [] . . . [] FivePersons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence."

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