Domestic Violence Lawyer in Encino

California law outlines two kinds of domestic violence charges: domestic battery and corporal injury.

Domestic Battery

Domestic battery, charged under California Penal Code Section 243(e)(1), is generally considered the less serious of the two charges. A domestic battery conviction does not require the victim to suffer actual bodily harm. Rather, it only necessitates a willful touching of a partner that is offensive or harmful.

For example, a boyfriend and girlfriend are arguing, and the boyfriend restrains the girlfriend by grabbing her shoulder when she tries to leave the house. The grabbing of the shoulder would constitute offensive or harmful touching.

For a domestic battery charge, the victim must be:

Domestic battery is generally charged as a misdemeanor and triggers a maximum sentence of 1 year in a county jail and fines of up to $2,000.

Corporal Injury

The domestic violence charge of corporal injury to a spouse is considered more serious than domestic battery. A conviction for corporal injury requires bodily injury, not just touching. According to the Penal Code, the injury must be “willfully inflicted” and be considered a “traumatic injury” to the victim.

The definition of who the victim may be under a corporal injury charge is also much more restrictive, with only spouses, former spouses, and those who have been in an intimate, personal relationship with the offender qualifying.

Corporal injury to a spouse is considered a “wobbler” offense, meaning it could be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the offender’s criminal history. A misdemeanor offense can result in up to 1 year of incarceration at a Los Angeles County Jail and a fine of up to $6,000. A felony conviction could mean the same amount in fines and a 4-year term in a California State Prison.