California Penal Code section 243(e)(1) defines domestic battery as any willful and unlawful use of force or violence against an intimate partner or person with whom you have an intimate relationship. The court will charge you with the crime whether or not the domestic battery causes physical injury. In California, the law classifies domestic battery as a misdemeanor. The penalties of the offense include a maximum jail term of a year, a maximum penalty of $2,000, or both upon conviction. The judge may also sentence you to probation instead of a jail term. Fortunately, you can present various defenses against the charges. You can state you acted in self-defense, the occurrence was an accident, and the victim is falsely accusing you of the crime. However, the prosecution has to prove various elements of the crime before the court finds you guilty of the crime.

If you or your loved one has been accused of domestic battery in California, you need an attorney who will do everything in their power to defend your rights and protect your future. The laws that criminalize domestic battery and the crimes associated with it are complicated. Therefore an experienced attorney can help you navigate the legal system and protect your rights. At California Criminal Lawyer Group, we have extensive experience representing clients charged with domestic violence in Santa Ana. Our attorneys understand the California justice system, and we will fight hard to ensure you receive a favorable outcome.

Without further ado, let’s dig deeper into the charge of domestic battery

Understanding The Elements Of The Crime

What The Prosecution Must Prove To Charge You With The Crime

The California law specifies various aspects of the crime the prosecutor must prove beyond reasonable doubt for the court to find you liable for the offense. Under the law, the prosecutor must show that you willfully initiated unwanted contact or force with an intimate partner. The prosecution must also prove you did not do so in self-defense or defense of someone else. It is critical to understand the terms willfully, intimate partner, and unwanted contact mean under Penal section 243(e)(1).

  • Willful

Willfully committing a crime means that you committed the crime of your own free will. Your conduct was not the result of an accident or other external factor. Remember, the prosecution does not have to prove you wanted to break the law or cause injury to the victim. They only need to show you committed the act out of your own volition.

  • You Touched The Person In A Harmful Or Offensive Manner

According to the law, the prosecution needs to prove you touched a person in an offensive or harmful manner. However, the prosecution does not have to prove you caused harm or personal injury to the victim. The prosecution can also charge you with the offense if you touch the victim slightly, even if you did not do it out of anger or rudeness.

For Example:

You are arguing with your husband, and you push him in the heat of the moment. However, he is much bigger, and he does not move an inch. Your husband could sue you for domestic battery in such a case, even if you did not cause him any injury.

The prosecution can also charge you with the offense even if you touch the victim indirectly. If you use an object or another person to touch the victim, the prosecution can also charge you for domestic battery.

For Example:

You are out for dinner with your spouse. A heated argument ensues between you and your spouse. You become angry and lunge at her. Unfortunately, you miss her, but you push another guest who loses their balance, and they fall on your wife. The prosecution can charge you with domestic violence in such a case, although you did not touch the victim directly. The prosecution can also charge you with domestic battery even if your wife does not suffer serious bodily injury.

Remember, California has laws against harmful or offensive touching in any domestic battery charge. For example, California law states that it is illegal to touch someone offensively. The offensive touching can include grabbing someone by the genitals, breast, or buttocks or touching someone's private parts without their consent. Because of this, California battery cases often involve more than just battery. This is true regardless of the circumstances or setting where the touching occurred.

  • Whom Does The Law Consider An Intimate Partner Under California Domestic Battery Law?

Like other states, California differentiates between domestic, simple, and aggravated battery. The difference between domestic and other battery charges is the relationship between you and the victim. Under California law, domestic battery involves battery against an intimate partner. In California, the law defines an intimate partner as your current or former spouse, fiancé, a person with whom you have a child together, any person with whom you have or had a sexual relationship, or with whom you are cohabiting.

The prosecution can charge you with the offense whether you have a homosexual or heterosexual relationship with your intimate partner. Under the law, cohabitants mean that you have been living together for a long time, and the time you spent together has created a sense of permanency to the relationship. Remember, the law also considers your cohabitant as an intimate partner. The prosecution can still charge you with domestic battery even if you do not have a sexual relationship with your cohabiter. According to the law, you can cohabitate with two or more people. Remember, the court could charge you with the offense even if you did not cause any injury to the victim.

Defenses You Can Present Against Domestic Battery Charges In California

In California, battery charges are extremely severe. Fortunately, you can present various defenses against the charges. However, you should enlist the services of an experienced California attorney to represent you in court. Below are some of the defenses you can present in court.

  1. You Acted In Self-Defense

You can use self-defense or the defense of another person or people as a legal defense to an accusation of domestic battery. However, the judge will often consider whether the degree of force you used was reasonable or excessive. But in some cases, you cannot use self-defense as a defense against the battery charge. For example, under California law, you cannot use a self-defense claim as a defense to a charge of intentional domestic battery. You will also have to show you believed you were in imminent danger and had to defend yourself. You also have to show you could only use force to stop the danger, and you used the right amount of force.

  1. The Action Was Not Willful

The prosecutor must prove you knowingly committed the offense to convict you of domestic battery. If you acted negligently or accidentally, you could argue the incident was an accident. However, if you intentionally caused harm, the prosecutor can convince the judge or jury that you are guilty of domestic battery.

The court may listen to your account of the incident if the prosecutor fails to prove malice or intent. For example, the judge may consider it a valid defense if you tell the court you hit your wife by mistake and did not intend to do so. However, if you do not convince the judge the incident was an accident, the court may hold you liable for your actions.

  1. You Can State It Is A False Accusation

You can also state the victim is accusing you falsely. Under the law, the prosecution must present clear evidence to show that the victim is telling the truth. The alleged victim may falsely accuse you of the crime because they are angry with you, jealous of you, or seek vengeance.

Your Attorney Can Plead With The Court To Charge You With Lesser Charges

Your lawyer can petition the court to charge you with less severe crimes that carry less severe penalties. Pleading guilty to a lesser crime can also ensure you avoid the stigma associated with a domestic battery charge. Your attorney can plead with the court to charge you with the less severe crimes of disturbing the peace and criminal trespass. Pleading guilty to these less serious crimes has various advantages.

Does California Law Charge Domestic Battery As A Felony Or A Misdemeanor?

In California, domestic battery is a misdemeanor, punishable by up to one year in county jail. But if the victim of the abuse is an elderly person, the judge may enhance your punishment. The court can also include additional fines, fees, and other charges. In some cases, the court can elevate the charge to a felony. It is essential to enlist the services of an experienced criminal defense attorney if you are facing domestic battery charges.

Your Lawyer Can Negotiate A Pre-Trial Deal

Another viable option is for your lawyer to negotiate a pre-trial deal with the prosecution. The deal involves you completing a counseling program relevant to battery, upon which the court dismisses your charges on successful completion of the program. However, you have to qualify for the pre-trial program. The court will consider the circumstances of the offense and your criminal history. Therefore, it is critical to enlist the services of an attorney to help you explore if a pretrial deal is a viable option in your case.

Penalty For Domestic Battery Charges

Under California law, the court charges domestic battery as a misdemeanor. If the judge finds you guilty, the court can sentence you to a maximum of one year in county jail, charge you a $2,000 fine, or both. The judge may also sentence you to probation instead of a jail term.

  • Conditions For Domestic Battery Probation

You must fulfill the conditions of the probation if the judge sentences you to probation instead of a prison term. Some of the conditions may include attending a batterer’s intervention program or another appropriate type of counseling program.

The judge can also institute a restraining order. A restraining order means you cannot contact the victim in any manner. You cannot contact them either in person, electronically, or through postal mail. A conviction of domestic battery can significantly affect your life, lead to financial loss and affect your educational opportunities. Therefore, you should contact a criminal defense attorney to help you fight the charges.

  • What Does A Domestic Batterer Intervention Program Entail?

Under the California domestic battery intervention program, you undergo training and education sessions for fifty-two weeks. The program’s curriculum mainly focuses on the causes of domestic violence, its effects on the victim, and steps you can take to rectify your battering behavior. Under the law, you have to attend the weekly battery meeting for two hours. The facilitators evaluate you at the end of the program. Remember, you must pass the evaluation for the court to certify you have completed the program.

If you fail to complete the program, the court can negate your probation. The judge can also issue a warrant for your arrest or charge you a fine for failing to follow the probation requirement. The court can issue the arrest warrant since the battery program is a probation requirement.

Repercussions Of A Domestic Battery Charge To A Non-Citizen

Since the court charges domestic battery as a misdemeanor, the offense usually does not have negative immigration consequences. According to the law, the offense is not under deportable offenses. Therefore, if the court convicts you of domestic battery, the state cannot deport you or mark you as inadmissible.

For How Long Does The Battery Charge Remain On Your Record?

Since contravening Penal Code section 243(e)(1) is not a felony, the court can expunge your criminal record. The court will expunge your record if you complete your jail term or probation. However, it would help if your lawyer asked the court to expunge the offense. An expungement means the court seals the offense from your criminal record. When the court seals your criminal record, employers cannot see the offense in your criminal record.

Will A Domestic Battery Conviction Affect Your Gun Rights?

Although a domestic battery is a misdemeanor, the conviction will hurt your right to own a gun. According to the law, you cannot own or possess a gun for ten years after the date of the conviction.

What Happens If The Victim No Longer Wants To Press The Domestic Battery Charges?

In certain cases, your accuser may decide they no longer want to press charges against you. They can do so by recanting their accusations and state you did not batter them. However, even if the victim claims you did not commit the offense, the prosecution can proceed with the lawsuit against you. The prosecution may decide to proceed with the charges for two main reasons. First, the prosecutor may conclude that you threatened and coerced the victim to drop the charges. Second, the prosecution may assume you forced the victim to make up with you, so you no longer face the domestic battery charges. Therefore, even if the victim recants their accusations, the prosecutor may still file the charges.

Difference Between The Domestic Battery And Domestic Violence

Understanding the difference between domestic violence and domestic battery can be confusing. Domestic violence is a broad term that defines various forms of violence you can perpetuate against your intimate partner. Domestic violence includes domestic battery and assault. The court can charge you with domestic violence for mental, emotional, and physical abuse against your spouse or intimate partner.

On the other hand, domestic battery involves using physical force against the victim. Under the law, the domestic battery can include punching, choking, slapping, or any other form of physical abuse, even if it does not cause any injury to the victim. Domestic violence is a crime that can happen in many different forms. It can be verbal abuse, emotional abuse, economic abuse, or physical abuse. The perpetrator can be family, your significant other, a person you cohabit with, or your child. Remember, the court can also charge you with the offense even if you throw an object at the victim and it hits them. Aggravated domestic battery attracts more severe penalties.

Difference Between The Battery And Domestic Battery In California

The prosecution can charge you with battery for hitting a person no matter your relation to the victim. On the other hand, domestic battery involves hitting a person with whom you have a personal or intimate relationship. The relationship may include your current and former spouse, a person with whom you share a child, blood relatives, current and former stepkids, and other similar relationships.

Another difference between domestic battery and battery is the classification of the crimes. In California, the law classifies domestic battery as a Class A offense with less severe penalties. However, the court can charge you with aggravated battery if you cause serious injury to the victim, whose penalties are more severe.

According to the law, your penalties will be much more severe if you cause injury to the victim during the battery. The law also makes it illegal for you to batter a certain category of people. The category of people includes emergency personnel, peace officers, and firefighters. If you cause injury in the cause of domestic battery, the court could charge the offense as a felony. The court can send you to prison for sixteen months, two or three years. The fine can also increase to $10,000 instead of $2,000.

The Difference Between Domestic Battery And Spousal Battery

The difference between a domestic battery charge and a spousal battery charge is the relationship between you and the victim. For the court to charge you with spousal battery, the victim must be your wife or husband. For a domestic battery offense, the court can charge you with the offense of battering a person who is not necessarily your spouse but a person with whom you have an intimate relationship, as described under the law.

Difference Between Domestic Battery And Corporal Injury To A Cohabitant Or Your Spouse

It is against the law to injure your cohabitant or spouse. However, the difference between domestic battery and corporal injury to a cohabitant or your spouse is the extent of the injury. The court can find you liable for domestic battery even if you do not cause any injuries to your intimate partner. On the other hand, you have to cause serious injuries to the victim for the prosecution to charge you with corporal injury.

Call A Santa Ana Criminal Lawyer Near Me

A domestic battery is a crime that involves the use of force or violence against a family member or household member. It is often a result of an argument or fight. It can be a habitual occurrence or a one-time incident. In California, a domestic battery is defined as any battery committed against a current or former spouse, cohabitant, fiancé, fiancée, current or former dating partner, or other persons with whom the subject has a child or children in common, regardless of gender. A domestic battery is a misdemeanor crime, punishable by up to twelve months in jail.

Domestic battery is a serious crime and can have long-lasting effects. Domestic battery causes depression, aggression, and even suicide. Some people may experience physical symptoms like headaches, stomachaches, and insomnia. There may even be permanent brain damage. These side effects can make it difficult to concentrate and perform at your best. Domestic battery can also lower the victim’s self-esteem.

If you or someone you know has been accused of committing domestic violence in California, you need an experienced attorney on your side. An accusation of domestic violence is not a conviction, and the evidence needed to convict an abuser at trial is often limited or non-existent. This is where an attorney comes in. An attorney can investigate the incident and gather more evidence to help your case. The attorney will also explore all of your options, including plea deals, so you can get the best outcome possible. At California Criminal Lawyer Group, we are one of the top-tier domestic violence law firms in Santa Ana. Therefore, if you or your loved one has been charged with domestic violence in Santa Ana, do not hesitate to contact us at 714-844-4151 for a free consultation.