Los Angeles Domestic Battery Lawyer
Los Angeles Domestic Battery Attorney
Accused of Violating Penal Code 243(e)(1) PC
Under California law, a person who commits the following may be charged with domestic battery:
“When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship.”
What is battery?
Under the California penal code, battery is described as “any willful and unlawful use of force or violence upon the person of another.”
When battery is committed on a person you have or have had an intimate relationship with, that is considered domestic battery. The battery does not need to result in injury, it can be as simple as a push. An intimate partner could be a former spouse, a spouse, someone you’re dating, someone you had dated, the parent of your child, a fiancé, etc. domestic battery is the least serious of the three types of domestic violence charges a defendant can be charged with in California.
Related domestic violence charges:
Aggravated Battery: Penal Code Section 243(d): Aggravated battery occurs when the violent act results in “serious bodily injury.” This can be charged as a misdemeanor or felony and is punishable by up to four years in county jail and fines of up to $10,000.
Corporal Injury on a Spouse, Cohabitant, or Fellow Parent: Penal Code Section 273.5: This occurs when a person “willfully inflicts corporal injury on an intimate partner that results in a traumatic condition.” “Traumatic condition” can be described as a wound or other bodily injury, regardless of how serious it is. This can also be charged as a misdemeanor or felony and is punishable by up to four years in state prison and a fine of up to $6,000.
Penalties if convicted of Domestic Battery, CA Penal Code 243(e)(1) PC
Domestic battery is a misdemeanor and is punishable by a fine of up to $2,000, up to one year in county jail, or both. If the sentence is suspended or probation is granted, the defendant must participate in a batterer’s treatment program. If no such treatment program is available, another appropriate counseling program can be designated by the court.
Legal Defenses for Domestic Battery, CA Penal Code 243(e)(1) PC
A domestic battery charge is not something you want on your record. To save your reputation and keep you from paying a fine or doing jail time, the following legal defenses can be used:
- You acted in self defense or the defense of another
- The act was not “willful” or was an accident
- You were falsely accused
Contact a Lost Angeles Domestic Battery Lawyer at Lewin Law Group Today
If you have been accused of domestic battery or domestic violence of any type, you will want to contact an experienced Los Angeles domestic violence defense attorney. The legal team at Lewin Law Group has been successfully defending Southern California clients since we opened our doors in 2000. Call (800) 458-1488 today for a free consultation. The sooner you call, the sooner we can start working on your case.