PC 243(e) (1) is as follows:

PC 243(e) (1) “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, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer's treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”

Elements of the Offense

To be convicted of domestic battery, the prosecution must find you guilty beyond a reasonable doubt on each of the following elements:

• Willfully touching another person (intimate partner)
• A touching that was offensive or harmful
• And the person touched was an intimate partner or ex-intimate partner

An “intimate partner” is your spouse, ex-spouse, other parent of your child, fiancée or fiancé, dating partner or former dating partner or one with whom you were once in a dating relationship, or anyone with whom you are cohabiting.

“Willfully” means that you intended to touch the person in a harmful or offensive manner. This could mean intentionally touching without that person’s consent their breast, buttocks or genitals. Any intentional use of physical force in an offensive way is unlawful even if the injury that resulted was not intended.

Harmful or Offensive Contact

A major element of domestic battery and that distinguishes it from PC 273.5, for example, is that the touching or physical contact be harmful or offensive, regardless if the intimate partner was injured or felt any pain. For example, pushing or shoving someone in an angry way is offensive. You might be guilty of the offense even if you angrily or intentionally knocked something out of that person’s hand or ripped off a necklace since it was attached or closely connected to the victim.

Penalties

Domestic battery is a misdemeanor and under California law, you can be sentenced as follows:

• County jail time of up to one year
• A fine of up to $2,000
• Both jail and a fine
• Informal probation
• In lieu of jail or a fine, the court may suspend sentence but impose payment of up to $5000 towards a battered woman’s shelter and restitution or reimbursement to the victim for medical expenses and therapy

As a further condition of probation, the statute does require the defendant to participate in and complete a batterer’s treatment program that is at least one year in length.

Should this be your second or subsequent violation and you are placed on probation, there is a mandatory minimum jail time of 48 hours unless you can demonstrate good cause why you should not serve that time.

There are also immigration consequences for non-US citizens since a domestic violence crime is a deportable offense.

Defenses to Domestic Battery

There are a number of defenses available to this offense:

• Self-defense or in defense of others. If you felt you were in imminent danger of suffering physical harm, or that another person faced that threat, then you may use reasonable force or that degree of force necessary in self-defense or in defending another.
• Lack of willful intent. If you had no intent to touch the person but the person did feel some form of physical contact, you may not be prosecuted. For example, if you became angry at your ex-spouse and drove off in your car but your tires caused a rock to strike your ex-spouse, you did not intend to willfully touch her with the rock.
• False accusations. In numerous domestic battery cases, a spouse or ex-partner falsely accuses the defendant of battery out of retaliation or vengeance. It usually takes a diligent criminal defense attorney to uncover evidence to demonstrate that the accuser fabricated the accusations.

Related Offenses

There are a number of related offenses for which you could be charged in lieu of domestic battery or as an additional charge:

• PC 273.5 Corporal injury on a spouse or cohabitant. This is similar to domestic battery as indicated. The only difference is that the victim suffered a wound or injury. This can be charged as either a misdemeanor or as a felony.
• PC 243(d) Aggravated Battery. You may be charged under this code section if the victim was not an intimate partner and/or the victim suffered a serious bodily injury. This may also be charged as a misdemeanor or felony. If a felony, you face state prison time of 2, 3 or 4 years.
• PC 368 Elder Abuse. If the victim was at least 65 and you willfully or negligently inflicted unjustifiable physical pain or mental suffering, you could be charged with this instead of domestic battery. The offense is either charged as a misdemeanor or felony. A felony conviction could mean 2, 3 or 4 years and a fine up to $6000. If great bodily injury resulted, then prison time can be 5 or 7 years.
• PC 415 Disturbing the Peace. Fighting in public, making unreasonably loud noise or directly provoking another person in public constitutes this offense, which is a minor misdemeanor or an infraction. If you plead to this, you do not face any immigration consequences if you are not a US citizen. Also, infractions are not criminal offenses.

Being charged with a domestic violence crime can have a devastating impact on your life and family. Promptly contact an attorney from the Domestic Violence Attorney Group if you face domestic violence prosecution to discuss your circumstances, defenses and legal options. If you have been charged with domestic violence, domestic battery or corporal injury to a spouse PC, please call the Domestic Violence Attorney Group – Experienced & Aggressive Domestic Violence Lawyer and Lawyers Fighting for you.

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