Domestic battery ranks among the most common of all domestic violence crimes in California. It never gets any easier to face, though. While the court most definitely takes a bleak and condemning outlook on battery cases, it also realizes during its process that some of the domestic violence accusations are false, and it deals with those cases just as swiftly. Information about this law is covered in Penal Code 243(e)(1) PC.
The legal definition is: “Any willful and unlawful touching that is harmful or offensive.” The unlawful touching must be perpetrated against:
– Defendant’s former or current spouse, cohabitant or former cohabitant, or fiancé(e) or former fiancé(e), or someone the defendant used to have a dating relationship with. It can also be the father or mother of a defendant’s child. Also known as “spousal battery,” this crime can occur even if no one is injured as a result of the attack. The defendant simply has to use some kind of force or violence on the victim. Whether or not injury occurs as a result of that violence is irrelevant.
A Few Examples
– Pushing a boyfriend during an argument
– Spouse, finance(e), or former or current S.O. grabs a woman’s clothing and rips it during an argument
– Someone in a relationship is angry over a disagreement and scratches the face of their partner
There is a depressingly infinite number of ways that domestic battery can occur, and over the years California has seen a shocking number of violent incidents in these types of cases. The courts tend to look harshly on domestic battery.
Although this is a serious crime, it’s considered a misdemeanor in California law. You can be fined up to $2,000 and imprisoned for up to a year in county jail if you are convicted of this crime, so it’s no light matter. Many people mistakenly think they can do without a lawyer in these cases. After all, it’s a relationship matter and perhaps it’s not that serious after all. People who think this are making a terrible mistake and can pay for that mistake with jail time. Don’t make the mistake of thinking you can explain a legal matter in a personal way and have a judge let you walk out of the courtroom with no punishment. You CAN go to jail for this.
The great news is that defense lawyers are incredibly experienced at defending these types of cases. Sometimes the “victim” in the case is making a false allegation. Sometimes there might have been blame and physical contact on both sides, so there may be a chance to have the case dismissed altogether. Here are a few common defenses:
– Self-defense (Your partner or former partner was attacking you first)
– No willful infliction of violence or force (An accident occurred)
– The victim is making a false allegation (Things didn’t happen the way the prosecution says)
As you can see, there is a large range of defenses against domestic battery charges on a spouse/mate, so there’s no reason to lose hope if you’ve been charged with this. It’s a matter of hiring a good attorney who has experience with these cases.
Call an Attorney Today
When you’re accused of a crime, the best time to call an attorney is always today. Don’t wait until tomorrow. Don’t wait until a week from now. Call today. The sooner you make contact with a veteran legal team, the better. You can get a free consultation and discuss your case with a defense attorney for absolutely free at first. Then they can speak with you a little more and determine if they can help you. There’s never a good reason to face a judge in a domestic battery case without a lawyer standing beside you. Don’t enter a plea, don’t discuss your case, until you’ve talked to a tried and true defense attorney who knows how to win your case for you. California takes domestic battery seriously. You should, too. If you’ve been accused, get in touch with your lawyer today.