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Legal Aspects & Consequences of Spousal Battery
While disputes are commonplace in any relationship, sometimes they can escalate into something more severe. Unfortunately, in the instance of domestic violence cases, “sometimes” can be translated into “very often”.
The very nature of these crimes makes them universally frowned upon by the California legal system, which is reflected in the fact that the defense against DV accusations is virtually impossible without the aid of an adept San Diego domestic battery attorney.
Furthermore, if sentenced, the punishment for spousal battery can be severe, carrying high fines and long jail times. Today, we’ll be exploring the legal aspect of spousal battery and its implications for the perpetrator.
What is the penal code for spousal battery in California?
Spousal battery is charged under California Penal Code (PC) §243(e)(1). Under this law, a person can be arrested and charged with battery to a spouse if the following elements of the crime are present:
- The crime is committed intentionally and without legal justification (e.g. not to defend oneself or others);
- There was forceful or violent physical contact inflicted upon the victim;
- The victim is a current or former relationship partner (e.g. spouse, fiancé/fianceé, co-parent, cohabitant, long-term boyfriend/girlfriend, etc.)
What is the punishment for battery in California?
Typically, spousal battery is charged as a misdemeanor but it can escalate to a felony, depending on the specific circumstances of the case and the presence of aggravating factors, such as:
- Using a weapon during an incident;
- The victim sustained serious injuries;
- The perpetrator has previous convictions of domestic violence or other violent crimes;
- Battery occurred in violation of an existing restraining order;
- The crime was committed in front of children;
- Battery is/was part of an ongoing cycle of abuse.
Is battery a misdemeanor in California?
If there are no aggravating factors present and the victim suffered minor injuries only (e.g. bruising, scratches, redness, etc.) or no injuries at all, the perpetrator will typically be charged with simple domestic battery. This offense is a misdemeanor carrying the following penalties:
- Fines: Up to $2,000;
- Jail time: Up to one year in county jail;
- Informal probation: Up to three years.
Two things to note here: First, if probation is granted as a part of the sentence, the perpetrator will be obligated to complete a Batterer Treatment Program which lasts for one year. In addition, they may be legally required to cover any expenses that the victim incurred as a result of battery.
When is domestic battery a felony?
If aggravating factors are present and a victim sustained serious injuries (e.g. fractures, concussions, deep lacerations, permanent disfigurement, etc.), the perpetrator may be charged with aggravated battery or corporal injury.
Aggravated battery is a “wobbler” case, meaning that the persecution can pursue it either as a misdemeanor or felony:
- Misdemeanor aggravated battery can result in fines of up to $1,000 and/or up to a year in county jail.
- Felony aggravated battery can result in fines of up to $10,000 and/or 2, 3, or 4 years in state prison.
If the victim sustained severe bodily injuries as a result of battery, further enhancements of 3 to 6 years in state prison apply.
Corporal injury is also a “wobbler” and the sentence will depend on how it’s tried:
- Misdemeanor corporal injury can result in up to one year in county jail and/or a fine of up to $6,000.
- Felony corporal injury can result in 2, 3, or 4 years in state prison and/or a fine of up to $6,000.
Similarly to aggravated battery, further enhancements may apply in the form of additional prison time or fines, restraining orders, a lifetime ban on owning firearms, and loss of professional licenses.
Can I drop battery charges in California?
The simple answer is “no”. Once the victim reports the crime to the police or relevant authorities, the decision is effectively out of the victim’s hands. After an accusation has been made, only the prosecuting attorney (district attorney or prosecutor) can drop the domestic battery charges.
Where can I find a reliable San Diego domestic battery attorney near me?
Whether in Downtown San Diego or the rest of the County, you won’t find anyone better to entrust with domestic violence defense than Monder Criminal Lawyer Group. For years, we’ve been offering mindful legal aid and fierce representation in all aspects of the CA DV law, ranging from complex spousal battery accusations to sensitive elderly abuse allegations to the most difficult child abuse and endangerment cases. Contact us today and ensure you have a partner that stops at nothing to ensure a favorable outcome for your case!
