In California, battery is defined as any willful and unlawful use of force or violence against someone else. Domestic battery is battery committed against someone you have a close personal or family relationship with. Under California Penal Code §243(e)(1), it is a crime to commit battery against a person with whom you have a qualifying domestic relationship, such as a spouse, dating partner, roommate, or co-parent.
What Does PC 243(e)(1) Actually Say?
Under Penal Code 243(e)(1), a person may face a conviction for domestic battery in California if they commit battery against:
- A spouse or former spouse
- A person they live with (cohabitant)
- A person with whom the defendant shares a child
- A person with whom the defendant currently has or previously had a dating or engagement relationship
Penalties for a Domestic Battery Conviction
Domestic battery penalties in California may include:
- A fine of up to $2,000
- Up to one year in county jail
- Both a fine and incarceration
A court can sentence a defendant to probation instead of a fine or incarceration, or may suspend execution of the sentence. However, conditions of probation for domestic battery may include:
- Participation and completion of a batterer’s treatment program for at least one year
- A mandatory contribution to a domestic violence shelter program of up to $5,000
- Restitution to the victim for the reasonable expenses of counseling or related costs
If probation is granted or the sentence is suspended and the defendant has a prior conviction for domestic battery or a conviction for a violation of Penal Code § 273.5, the defendant must serve at least 48 hours in jail unless the court finds good cause not to impose the minimum.
How Domestic Battery Cases Are Prosecuted
In California, prosecutors’ offices treat domestic violence crimes seriously. Some offices have units dedicated to prosecuting domestic violence cases. Additionally, California prosecutors do not always drop domestic battery charges when an alleged victim declines to cooperate or changes their story. The state can rely on other evidence beyond an alleged victim’s testimony to prove its case, including 911 records, officer testimony, photographs, eyewitness testimony, and medical records.
How the Law Offices of Justin E. Sterling Fights Domestic Battery Charges
If you have been charged with domestic battery or are facing other domestic violence charges in Los Angeles, the Law Offices of Justin E. Sterling can help you fight the prosecution’s case by thoroughly investigating the underlying events and obtaining evidence to weaken the state’s allegations or support your version of events. Our legal team may pursue various defense strategies and arguments, such as:
- Fabrication/false allegations
- Self-defense
- No willful use of force or violence
Our law firm can explain the details of domestic battery charges and their potential outcomes to help you make informed decisions about how to proceed with your case.
Contact Us for a Free Case Review
Has a spouse, partner, or household member accused you of assaulting them? If so, you could face serious consequences from an arrest and prosecution for domestic battery under California law. Protect yourself and your future by contacting the Law Offices of Justin E. Sterling today for a free consultation with an experienced domestic violence attorney.
