Under California Penal Code Section 243(e)(1), domestic battery is the deliberate use of force or violence against an intimate partner, spouse, cohabitant, or someone the accused has a child with. The main focus is on the use of force against a person in a close relationship and not the physical injury caused.
If you are charged with domestic battery, you can face imprisonment or hefty fines, so it is essential to get legal counsel immediately. Our skilled defense attorneys at California Criminal Lawyer Group in Bakersfield are dedicated to helping those facing accusations of domestic abuse obtain legal representation. We aim to protect our client's rights and interests and have a thorough understanding of California law. Contact us to schedule a private consultation.
Elements of the Violation
Intentional use of force, aggression, or physical contact are the crucial elements of domestic battery; the victim does not necessarily need to have visible wounds sustained. The act itself and the traumatizing state that follows are the primary areas of consideration.
Willful Act
The accused must have knowingly used force or aggression against a spouse, cohabitant, intimate partner, or parent. Intentionality is a crucial component that sets domestic battery apart from unintentional acts highlighting the intentional character of the violation.
Using Violence or Force
The acts covered by the Act range from mildly offensive touches to more severe physical contact. The crucial factor is the use of force or violence against the victim; the law acknowledges that, in the context of a close relationship, even seemingly insignificant acts can have serious repercussions.
Against a Close Partner
The implementation of Penal Code Section 243(e)(1) is based upon the nature of the relationship between the accused and the victim. The victim has to be the accused's spouse, intimate partner, cohabitant, or parent of their shared child.
Resulting in Traumatic Condition
Unlike other assault offenses, the victim does not need to have visible injuries. Instead, the focal point is on the effect of the force or violence, leading to a traumatic circumstance. This condition can encompass both bodily and emotional damage, recognizing the nature of harm that can arise within close relationships.
Relationship Requirements in Domestic Battery Cases
Protection against domestic battery laws is extended to people with certain types of connections with the accused criminal. Among these connections are:
Relationships Between Spouses
Domestic battery laws represent abuse or violence between spouses, regardless of their marital status or level of separation or divorce. This includes those in registered home partnerships as well as current and past spouses.
Living Together
Regardless of marital status, couples living together are protected by California law. Those who share a home as cohabitants can be roommates, single friends, or partners in love.
Close Companions
Domestic battery rules also apply to abuse or violence committed against individuals who are courting or planning a marriage. This includes love couples that have wonderful and personal interactions, regardless of their sexual orientation.
Acts Constituting Domestic Battery
The several activities that could result in domestic battery charges are:
Physical Abuse
and Physical assault is by far the most obvious conduct that qualifies as domestic battery. This covers any physical violence, whether intentional or accidental, that is aimed against a cohabitant, family member, intimate partner, or other person.
Violent Threats
Additionally, verbal threats or intimidation intended to engender fear or coercion might constitute domestic violence. Even in situations where there is no physical contact, making threats or expressing a desire to hurt someone could qualify as domestic battery.
Coercion and intimidation
Domestic battery can also refer to behaviors that involve coercion, manipulation or control over a spouse or family member in addition to obvious acts of physical assault or verbal threats. Acts like stalking, harassing, or impeding someone's ability to leave a situation or ask for assistance are examples of this.
Infliction of Damage
An obvious act of domestic battery involves inflicting harm, no matter how slight, on a family member, cohabitant, or intimate partner. This can include intentionally inflicting cuts, bruises, fractures, or any other kind of physical pain.
Establish a Lack of Freedom
Domestic battery also includes physically restraining, stifling, or limiting someone's movement against their will in a domestic setting. This includes instances in which one partner restricts the other's freedom by keeping them confined to a room, home, or car.
Property Destruction
Domestic battery can occasionally involve more than just physical assault; it can also involve the destruction of a family member's or intimate partner's belongings. A domestic battery may be defined as intentionally causing harm to the property to exert control or exact revenge.
Penalties for Domestic Battery
PC 243(e)(1) is charged as a misdemeanor. Even while it's not considered a felony, there may still be serious repercussions. Domestic battery is a misdemeanor that carries a potential punishment of $2,000 and a maximum 6-month jail sentence.
As part of the sentencing process, courts frequently require the completion of batterer's intervention programs or domestic violence treatment. These programs' primary goals are to deal with underlying problems and avoid reoffending.
One standard element of punishment for domestic battery is probation. People on probation are subject to certain requirements, like going to counseling, acting appropriately, and not getting in touch with the victim.
A protective order or restraining order that forbids the defendant from communicating with or getting closer to the victim may also be issued by the court. A protection order violation may result in further criminal charges and penalties.
Enhancing Components in Domestic Battery Cases
In domestic battery cases, "enhancement factors" are situations or aggravating activities that heighten the severity of the charge. Among these are:
Previous Convictions
Prior convictions for domestic abuse can have a substantial aggravating effect on cases involving domestic battery in the future. Repeat offenders might be subject to heavier punishments, which would indicate a pattern of abusive behavior and a greater need for responsibility.
Injury Severity
In domestic abuse cases, the degree of physical harm perpetrated upon the victim can affect the seriousness of the accusations and resulting sentencing. If the victim has serious injuries that need to be addressed medically or have long-term effects, punishments could be increased.
Using Weapons
The seriousness of the crime might increase if guns or other potentially harmful equipment is used during a domestic battery. Enhancement factors could be present if the offender uses knives, guns, blunt objects, or other weapons to hurt the victim, increasing the possibility of harm or death.
Susceptible Victims
Victims of domestic abuse can include the elderly, children, and people with disabilities, among other vulnerable groups. Given the increased potential for harm in these relationships, the presence of susceptible victims can act as an amplifying factor.
Protective Order Violation
Breaking protective orders or restraining orders granted by the court is a distinct crime that can intensify the charges and consequences associated with domestic violence cases. Criminals who violate court orders aimed at protecting victims can be subject to harsher punishments.
What Effect Does Domestic Battery Have on Gun Rights?
It is against federal law for anyone convicted of misdemeanor domestic violence offenses to own a firearm or ammunition. A federal law conviction for domestic battery carries a lifelong restriction on gun ownership. This implies that even after serving out their sentences and finishing their probationary periods, people convicted of domestic battery may permanently lose their ability to own firearms.
Individuals convicted of domestic battery may be obliged to relinquish any firearms they currently possess to law police or a licensed firearms dealer. A domestic battery conviction can potentially affect an individual's ability to buy weapons in the future. Convicted persons might not be allowed to buy weapons from authorized dealers and might have trouble getting licenses or permits to own firearms.
Legal Defenses to Domestic Battery Charges
We have listed the most common defenses against domestic battery charges below. However, since every case is unique, it's crucial to get guidance from a knowledgeable defense lawyer to determine which defense is most suitable for you.
Defense of Oneself
Self-defense is one of the most popular defenses against domestic battery charges. The accused may have acted in self-defense if they had a reasonable belief that the victim was going to injure them or use force against them. In this case, the accused must not have been the first aggressor, and the use of force must be proportional to the apparent threat.
Protection of Others
Just like self-defense, defending others lets people use appropriate force to keep other people safe from damage or force. If the accused acted to protect a kid or another family member from harm, this defense might be relevant.
Accident
Charges of domestic battery necessitate evidence of the intended use of force or violence. The accused may raise the defense of an accident if the alleged battery happened by accident or as a consequence of a mistake. The prosecution's case may be weakened if it can be shown that the acts were accidental and did not have a sufficient objective.
False Accusations
In domestic battery cases, false claims are not unpopular and are often the result of miscommunication, retaliation, or other hidden agendas. If you feel that you have been wrongfully charged with domestic abuse, you must obtain proof of your innocence. This could include contact logs, security footage, witness testimony, and alibi proof that challenges the accuser's claims.
Lack of Evidence
In every criminal case, including ones involving charges of domestic battery, questioning the prosecution's evidence is an essential part of the defense strategy. If there is not enough proof to back up the accusations made against you, your defense lawyer could try to get the charges dropped or work out a favorable plea deal with the prosecution. This defense tactic often entails examining witnesses' trustworthiness closely, casting doubt on the credibility of tangible evidence, and determining inconsistencies in the case.
Mutual Combat
The defense of mutual conflict might be used if there was a mutual altercation or voluntary physical contact between the two parties. This argument disproves the notion of illegal force or violence by claiming that both participants engaged in the altercation voluntarily.
Domestic Battery's Effects on Non-Citizens in California
Deportation proceedings may be initiated against non-citizens upon conviction for domestic battery, especially if they are unauthorized immigrants. Domestic violence violations are grounds for removal under federal immigration law.
Declining Immigration Benefits and Being Inadmissible
Non-citizens may lose their ability to enter the US or be denied certain immigration privileges like green cards, visas, or citizenship if they are convicted of domestic battery. If someone has a history of domestic abuse or other crimes of moral turpitude, immigration authorities may refuse to grant them immigration status or refuse to allow them admission.
Statute of Limitation
The statute of limitations for misdemeanor domestic battery offenses is one year from the date of the alleged offense. This implies that prosecutors can bring charges against the defendant within a year after the incident.
The statute of limitations for felony domestic abuse charges is three years from the date of the alleged conduct in circumstances where the defendant has a prior domestic violence conviction or the victim has suffered serious physical harm. Prosecutors will have more time to conduct investigations and develop a case for more serious charges because of this extended period.
How Long Does Domestic Battery Stay On Your Record?
In California, a number of criteria determine how long domestic violence charges remain on a person's criminal record. Individuals who have been found guilty of domestic abuse may occasionally be able to have their convictions removed from their criminal records. Through the legal process of expungement, people may petition the court to have their convictions revoked after finishing their sentences and fulfilling eligibility requirements, such as not committing new crimes and completing probation.
Waiting Period for Expungement
Depending on the specifics of the case and the conditions of the sentence, there are different waiting periods before filing a petition for expungement. In most cases, a person must wait a certain amount of time after serving out their whole sentence—including probation—before being qualified to file a petition for expungement. This waiting period may extend for a few months or even years.
Related Offenses
Some offenses are charged together with or alongside domestic battery. These offenses include:
Corporal Injury
As per PC 273.5, physical abuse of a spouse or cohabitant refers to circumstances in which a person intentionally causes bodily harm to their intimate partner, leading to a traumatic experience. This statute targets circumstances when the victim experiences visible marks, wounds, or other proof of harm as a result of the perpetrator's acts, in contrast to other offenses that may not require such indicators.
The law recognizes the significance of domestic ties beyond traditional marriage connections and applies to both married couples and cohabiting partners. This broad focus highlights the need for legal protection for all those abused in these relationships and reflects the fact that domestic violence can happen in several intimate situations.
Physical harm to a spouse or cohabitant may result in prosecution as a misdemeanor or felony under PC 273.5, depending on the degree of the injury and other aggravating circumstances. While felonies carry heavier sentences, such as three years in jail, misdemeanor convictions carry lesser penalties, such as probation, counseling, and fines of up to $1,000.
Sexual Battery — California Penal Code Section 243.4 PC
Sexual battery is defined as the willful and illegal touching of another person's privates without that person's consent, for the purpose of sexual arousal, gratification, or abuse (California Penal Code Section 243.4 PC). The victim's breasts, buttocks, or sexual organs are considered intimate parts. Without the victim's consent, the offense is carried out by physical force, intimidation, coercion, or manipulation.
The following factors must be proven beyond a reasonable doubt by the prosecution to establish a case of sexual battery under Section 243.4 PC:
- The defendant deliberately touched the victim's private parts without their permission.
- The victim did not consent to the touching because it was done against their will.
- The purpose of the touching was either abuse or sexual enjoyment.
Charges of sexual battery can be filed as a misdemeanor or felony, based on the specific facts of the case and the criminal record of the accused. Sexual battery may result in the following penalties:
- Misdemeanor Sexual Battery — A sexual battery conviction as a misdemeanor can carry penalties like fines, probation, a year in county jail, and registration as a sex offender.
- Felony Sexual Battery — Sexual battery may also be considered a felony violation in certain situations, such as when force is used, the victim is older, or there are past convictions. More severe penalties apply to felonies charged with sexual battery; these include fines, three years in jail, and lifelong registration as a sex offender.
Child Abuse
According to PC 273(d), child abuse is the deliberate cause of unjustified pain, suffering, or injury on a child resulting in trauma or bodily harm. This can involve physically abusing a child in any way that results in harm or distress, such as striking, hitting, kicking, or other physical assaults. In addition, the law classifies child abuse as behaviors of deprivation or neglect that cause injury to a child's bodily or mental health.
If found guilty of Child Abuse under Penal Code 273(d), offenders may be sentenced to up to one year in prison, a maximum fine of $1,000, probation, and court-mandated therapy.
Aggravated Battery
According to PC 243d, aggravated battery occurs when someone intentionally and illegally causes substantial bodily harm to another individual. This act is different from simple battery in that it involves serious injury to the victim that has long-term effects. These injuries could be severe cuts, fractures, or wounds that need a lot of medical attention or rehabilitation. Aggravated battery also includes acts that cause lasting damage or disfigurement.
If found guilty of this crime, defendants may be sentenced to three years in prison, fines, and court-mandated compensation to cover the victim's lost wages and other damages.
Furthermore, in certain situations such as when a deadly weapon is used or when the conduct is committed against a protected class of people, such as law enforcement officials, firemen, or healthcare professionals—aggravated battery charges may be elevated to felonies. These aggravating factors make the offense more serious and could lead to harsher punishments.
Elder Abuse
PC 368 defines elder abuse as a broad category of harmful acts and behaviors directed at elderly people who are reliant on others and who are 65 years of age or older. The victim's health, dignity, and quality of life may be severely harmed by any of the following: financial exploitation, physical abuse, emotional abuse, neglect, and abandonment.
Elder abuse is defined under Penal Code Section 368 as a wide range of acts, each of which is a separate crime with associated legal consequences.
- Physical abuse refers to any act of aggression, restraint, or disregard for fundamental care needs that results in physical discomfort, harm, or impairment for an aged or dependent adult.
- Emotional abuse is the act of causing emotional distress, psychological trauma, or intimidation to an older adult or dependent adult through verbal threats, harassment, or seclusion.
- Financial exploitation is any unlawful or unethical use of a dependent adult or senior for personal gain. This includes stealing from them, defrauding them, fabricating documents, or exerting undue control over their resources or assets.
- Neglect occurs when a dependent adult or elderly person is not given the fundamental care, support, or supervision they require, which leads to injury, illness, or a deterioration in their health.
- Abandonment is the act of leaving a dependent or elderly adult alone who needs care and support, exposing them to danger, or leaving them neglected.
According to PC 368, the severity of the offense, the degree of injury caused to the victim, and other aggravating factors can all affect the punishment for elder abuse. If found guilty of elder abuse, defendants may be sentenced to three years in jail, fines, restitution, and court-mandated attendance at therapy or treatment facilities.
Find a Domestic Battery Defense Attorney Near Me
If you or a loved one is facing domestic battery accusations in Bakersfield, contact the California Criminal Lawyer Group as soon as possible to schedule a confidential consultation with one of our expert defense lawyers. Call us today at 661-750-8230.
