Domestic Battery
California Penal Code Section P.C. 243(e)(1)
What is Domestic Battery in California?
Domestic Battery, listed under Penal Code 243(e)(1), a common crime that falls under “Domestic Violence” in California, occurs when a battery is committed against the parent of the accused child, a person whom the accused is living with or “cohabiting” with, a former spouse, fiancé, or a person whom the accused is dating. This is sometimes referred to as “simple battery” against a spouse. Prosecutorial agencies in California can pursue criminal charges against the accused even if the alleged “victim” recants what occurred or decides they do not want to “press charges”. Many police departments even have a policy that if they are called to the scene of a domestic incident, someone must be arrested, even if all parties involved agree that is not what they want.
Elements of the crime
To convict someone under this statute, prosecutors need to prove that a defendant willfully and unlawfully touched the alleged victim in a harmful or offensive manner; and that the alleged victim is a former spouse, cohabitant, their fiance/fiancee, someone who the defendant has/had a dating relationship, or the mother/father of the defendant’s child.
Punishment and Penalties for Domestic Battery in California
Domestic Battery under PC 243(e)(1) PC in California is a Misdemeanor offense. As a result, the punishment of Domestic Battery is a fine of up to $2,000, or up to one year in the county jail, or both a fine and incarceration in the county jail.
Misdemeanor Informal Probation may also be granted by the Judge. Misdemeanor Informal Probation does not require the accused to “check in” with a Probation Officer and may be imposed by the Judge in lieu of incarceration.
As a term of probation, the accused is required to participate in a Batterers treatment program. Additionally, the accused may also be required to pay a fine of up to $5,000 to a battered women’s shelter. Lastly, the accused may also be required to pay or reimburse the victim of any reasonable expense as a consequence of the alleged conduct.
The prosecutor may also seek a Criminal Protective Order commonly referred to as a “CPO.” There are two types of Criminal Protective Order(s). The first type of criminal protective order is commonly referred to as a No Negative Contact Order. A No Negative Contact Order is a Court Order in which the accused and the victim can have peaceful (not negative) contact. Any negative contact would result in a violation of the court order and would likely amount to additional charges. The second type of criminal protective order is commonly referred to as a No Contact Order. A No Contact Order prohibits the accused from having any contact with the victim. That means that the accused can have absolutely no contact with the victim (the protected party). The accused cannot email, text, call or come within 100 yards of the victim. If the accused violates this court order, the prosecution will likely charge the accused with additional charges.
Defenses and Strategies
The prosecution bears the burden of proving every element beyond a reasonable doubt. As such, some common defenses to domestic battery include but are not limited to:
Lack of intent:
The crime of Domestic Battery requires that you acted willfully and intentionally. Tripping and falling onto a partner would not count. However, this is very difficult to prove in practice.
Insufficient evidence in the prosecution case in chief:
The prosecution must prove all of the elements of the crime. If there is any aspect of the required elements of the charge that they cannot prove, your attorney may be able to have the charges reduced or even dropped.
The Alleged Victim was not closely related to the defendant:
If the alleged victim is not related to the defendant as required by the statute, that could mean this charge should be dismissed. In such a situation, it’s very likely the charges would be amended to a simple battery, which is still a crime. However, the penalties would not include domestic violence specific penalties and that could be a big difference.
Self Defense:
Self defense is an affirmative defense. In other words, you are essentially admitting that there was an assault, but that you acted in reasonable self defense. This becomes difficult when you use weapons or if the injuries are particularly serious. If someone punches you, but you escalate the fight by using a knife or a gun, the self defense argument can fail.
Mistaken identity: One of the elements a prosecutor must prove is the identity of an assailant. If you’re wrongfully accused of assault, you need to hire an attorney to fight your charges right away. A lawyer can be very expensive but when your freedom is on the line you need to make sure no stone is left unturned in your defense.
Still have questions about Domestic Battery?
Give us a call and speak to one of our attorneys today.
These are serious charges, and a conviction for Domestic Battery ruins lives and tear families apart.
While we hope that we’ve been able to help provide a brief overview of the law, it’s important to remember that every case is unique, and there is no substitute for the experience that a team of former prosecutors has when it comes to defending against criminal charges.
Domestic Battery charges under Penal Code 243(e)(1) are commonly prosecuted and taken seriously in California. As former prosecutors, the attorneys at The Law Firm of Gomez, Radford, & Rome prosecuted Domestic Battery crimes on a daily basis for the State, so we know how to defend our clients against the vigorous prosecution you will face.
If you’re facing charges of your own or have questions about the legal issues involved in your case, contact the law firm of Gomez, Radford, & Rome today. In many cases, especially when there’s domestic violence (DV) charges involved, we can prevent prosecutors from ever charging you with a crime, even if you’ve already been arrested.
Our team of skilled attorneys is available 24/7 to provide free consultations and help you understand your legal rights and options. We serve all of Southern California and are based in Los Angeles. We are committed to providing our clients with the best possible defense.