Service & Results.

nyc criminal lawyers over 30 years of experienceWe Know How To Win Cases

Spodek Law Group handles tough cases
nationwide, that demand excellence.

Get Free Consultation

Faced 5+ Years in Prison

People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

Faced Potential Charges

Ghislaine Maxwell Juror

Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

Why Choose Us

Clients can use our portal to track the status of their case, stay in touch with us, upload documents, and more.

Regardless of the type of situation you're facing, our attorneys are here to help you get quality representation.

We can setup consultations in person, over Zoom, or over the phone to help you. Bottom line, we're here to help you win your case.

Law in the Media

View All

Meet Todd Spodek


The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Battery: Penal Code § 242 PC

By Spodek Law Group | May 12, 2018
(Last Updated On: May 27, 2023)

Last Updated on: 27th May 2023, 12:16 pm

Understanding Battery as a Criminal Act

Battery is a crime that can have serious legal consequences. It is defined as the willful and unlawful use of force or violence against another person. While it might not seem like a big deal to some, the impact of battery can be devastating to the victim. When someone intentionally and unlawfully touches another person in a harmful or offensive manner, they can be charged with battery.

As a legal concept, battery can be difficult to understand. From a technical perspective, all that is necessary to allege the crime of battery is unwanted contact with another person. However, if that contact results in injury, the suspect may be charged with the more serious crime of “battery causing serious bodily injury”. This is defined under California Penal Code Section 243(d). It’s important to understand the legal definition of battery in order to protect yourself if you’re ever faced with a charge of this nature.

The Elements of Battery

The legal definition of battery consists of three elements that must be proven by the prosecutor. The perpetrator must touch someone. They must do so willfully and they must do so in a violent, harmful, or offensive manner. Note that the second element disqualifies accidental touching. In order to prove most crimes, it is necessary to find criminal intent. This means that bumping into someone accidentally getting off an elevator is not likely to result in a battery charge. However, intentionally knocking someone down while getting off an elevator might be considered battery.

One important thing to note is that intent to touch is enough to establish criminal conduct, even if the intended victim is not touched by the suspect but a bystander is. This is a critical point to keep in mind because if a suspect throws a rock at person B but hits person C instead, they may still be guilty of battery. They may not have intended to hurt person C, but they did intend to throw the rock, and that is the threshold for the crime of battery.

Assault vs. Battery

It’s important to understand the difference between assault and battery, as these terms are often used interchangeably. Assault is any action which might cause harm to another person. Battery, on the other hand, is the actual infliction of violence. You can think of assault as throwing a punch, and battery is when the punch lands. This distinction is crucial because the legal consequences of each crime can be vastly different.

Penalties for Battery and Defenses

If you are charged with battery in California, the penalties can be severe. Simple battery like that charged under California Penal Code 242, provided it is not performed on a police officer and provided it does not cause injury, is a misdemeanor punishable by six months in jail and a fine of up to $2000. It may also result in probation. However, any battery that results in serious injury can be considered “aggravated battery” and result in either a misdemeanor or felony charge.

There are several defenses to a battery charge, any of which may be presented by a qualified criminal defense attorney like Attorney Todd Spodek of the Spodek Law Group. Defense of one’s person or protection of someone else’s person are the two most common. A good example of this kind of defense is to consider battery as a lawful response to someone else committing battery, either on the suspect or on another person. A defendant can also assert that whatever touching took place was inadvertent or accidental. Unless the act is willful, it cannot be considered battery. However, any act of battery can also result in civil litigation regardless of the disposition of the original criminal charge.

If you are facing a criminal case, it is highly recommended you avail yourself of the services of a qualified criminal defense attorney like Todd Spodek of the Spodek Law Group. Facing a criminal charge on your own is inadvisable even under the best of circumstances. Protect your rights and make certain you get the best possible defense.

The Importance of Hiring a Qualified Criminal Defense Attorney

When it comes to facing criminal charges, it’s always best to hire a qualified criminal defense attorney like Todd Spodek of the Spodek Law Group. It can be tempting to try and handle the case on your own, but this is never recommended. A criminal defense attorney has the knowledge, experience, and resources necessary to provide a strong defense and protect your rights.

At Spodek Law Group, we understand that every case is unique, and we approach each one with a personalized strategy. Our team will thoroughly investigate the details of your case and work diligently to build a strong defense. We understand the emotional toll that facing criminal charges can take, and we are committed to providing compassionate and effective representation.


Battery is a serious crime that can have severe legal consequences. It’s important to understand the legal definition of battery and the differences between battery and assault. If you are facing a criminal charge, it’s essential to hire a qualified criminal defense attorney like Todd Spodek of the Spodek Law Group. Our team has the experience and expertise necessary to provide a strong defense and protect your rights. We understand the emotional toll that facing criminal charges can take, and we are committed to providing compassionate and effective representation. Contact us today to schedule a consultation and learn more about how we can help with your case.

Free Consultation


I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

5 Stars
It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me, and my company Qumana skincare feel comfortable and confident that the team was going to work hard for me. Everything...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

Spodek Law Group

White Glove Service

We Provide Superior Service, Excellent Results, At A Level Superior To Other Criminal Defense Law Firms. Regardless Of Where Your Case Is, Nationwide, We Can Help You.
View More

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to
your inquiry within 24-hours guaranteed.


85 Broad St 30th Floor, New York, NY 10004


get directions

Los Angeles

611 S Catalina St Suite 222, Los Angeles, CA 90005


get directions


35-37 36th St, 2nd Floor Astoria, NY 11106


get directions


195 Montague St., 14th Floor, Brooklyn, NY 11201


get directions
Call Now!