In California there are three laws related to domestic battery with which individuals may be charged.
- Battery is a crime under Penal Code 242. A battery is “any willful and unlawful use of force or violence upon the person of another”.
- Penal Code 243(e)(1) makes it a specific crime to commit a battery against an “intimate partner”. Also referred to as “domestic battery: or “spousal battery,” this is the most common misdemeanor domestic violence charge in California.
- This means that you intended to make unwanted contact with a current or former spouse, fiancé or fiancée, parent of your child, homosexual partner, or someone that you have dated.
- Contact can even be with a person’s purse, clothing, or other item
“closely connected” to them.
- Penal Code 243(d), or “Aggravated Battery,” is a “wobbler.” It can be charged as a misdemeanor or felony when the alleged victim sustains “serious bodily injury.”
- Such injuries include broken bones, a concussion, or an injury requiring stitches.
- The level of the charge will depend on the circumstances of the event, prior offenses, and the injuries sustained.
- Here the accuser can be anyone — not just an “intimate partner.” If this is a “domestic violence” crime, though, conviction could lead to deportation for non-citizens.
- Penal Code 273.5, or “Corporal Injury,” is another wobbler. This crime requires that a “traumatic condition” to be inflicted on a more limited set of intimate partners, including current or former spouses, someone with whom have lived, or the parent of your child.
If you’ve been charged with any of these laws, you should contact us immediately for a full explanation of the risks and your rights.