What is spousal battery?
Spousal battery covers any amount of force that occurred between two married people. If someone was shoved or grabbed, but no injuries occurred all the way up to light, but non-traumatic injury – this is what spousal battery covers. If the two parties are not married, it becomes known as domestic battery.
What is misdemeanor battery in California?
California law defines battery under Penal Code section 242 as willful or unlawful force or violence used on another person. Misdemeanor battery, also known as traditional “simple” battery, may be punished by a fine not exceeding $2,000 dollars, and/or by imprisonment in jail for a maximum of six months.
What happens when you get charged with domestic violence in California?
Penal Code 243(e)(1), domestic battery. Penal Code 243(e)(1) – California’s domestic battery law — makes it a misdemeanor to inflict force or violence on an intimate partner. Domestic battery is a misdemeanor. Punishment can include a fine of up to $2,000, and/or up to one (1) year in county jail.
What is corporal spousal abuse?
(a) Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state …
What happens if you are convicted of spousal battery in California?
If you are convicted of spousal battery under Penal Code 243(e)(1) PC, you face up to 364 days in county jail and a fine of up to $2,000.
What is the Penal Code for battery in California?
Spousal Battery Laws – California Penal Code 243(e)(1) PC. California law defines battery as any willful and unlawful use of force or violence upon the person of another. If you commit battery on persons specified under California spousal battery laws, you may be sentenced to a more severe punishment.
Can a defendant be convicted of domestic battery?
A defendant can be convicted of domestic battery (sometimes known as “ spousal battery ”) even if the “victim” sustains no physical harm from the physical contact. All that is required is that the defendant used “force” or “violence” against him/her.
What is the maximum penalty for domestic battery?
A domestic battery conviction is punishable by: a maximum penalty fine of $2,000. Luckily, defendants in domestic battery cases can challenge the accusation by raising a legal defense. Three common defenses to a charge of domestic battery are:
What happens if you are convicted of spousal battery?
If you are convicted of spousal battery under Penal Code 243 (e) (1) PC, you face up to 364 days in county jail and a fine of up to $2,000. If you are granted probation, you must participate in a batterer’s treatment program for a minimum of one year.
What is the Penal Code for domestic battery in California?
Penal Code 243e1 PC is the California statute that defines the crime of domestic battery, which is using force against an intimate partner. A battery consists of any willful and unlawful use of force or violence on someone else.
Can a defendant not be charged with domestic battery?
The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.
Why does a prosecutor drop a domestic battery case?
A prosecutor may also feel the evidence of a domestic battery is insufficient because the victim’s credibility is suspect 5. For example, the victim may have a history of the following: Making false accusations in the past, or