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Definition & Meaning of Spousal Battery
According to statistics, offenses pertaining to domestic violence (DV) account for approximately 20% of all violent crimes reported in California. Every day, local DV hotlines receive an average of ~20,000 calls – and instances of spousal battery make up the majority of them.
This effectively places the domestic battery among the most common DV offenses in the State. However, despite the preponderance and implications, most individuals still do not know what constitutes this crime.
Since being sentenced for spousal battery can have severe repercussions and necessitate the mindful and strategic legal aid of the experienced San Diego domestic battery lawyer to even stand a chance at defense, it is crucial to familiarize yourself with its definition and meaning.
How does California define battery?
In California, the definition of spousal battery is as follows:
- Spousal battery (“domestic battery”; “battery to spouse”) is any willful and unlawful touching, use of force, or violence upon a current or former intimate partner, against his or her will, with the intention of inflicting offense or bodily harm upon them.
What is the meaning of spouse battery?
From the previous definition, we can extrapolate the elements of this crime:
- “willful and unlawful touching, use of force, or violence” – the act must be intentional (not accidental) and performed without legal justification (e.g. not done in self-defense or to protect the other person);
- “current or former intimate partner” – the crime is not restricted to a spouse but, rather, pertains to the current or former spouse, fiancée or fiancé, cohabitant, relationship partner, or the other parent of a child;
- “intention of inflicting offense or bodily harm” – any form of touching, no matter how slight, can be considered battery if it is done in an aggressive, rude, or disrespectful manner.
However, the most important thing to note here is that, unlike corporal injury, the crime of spousal battery does not require the victim to be physically injured – proving that the person used force or violence with intent is enough for conviction.
What is an example of battery?
Here are some real-world examples of what can be considered a crime of domestic battery in California:
- Hitting: A wife slaps the husband across the face, scratching their cheek;
- Grabbing: A boyfriend grabs his long-term girlfriend by the shoulders with excessive force, causing pain and bruising;
- Shoving: A man pushes his ex-wife, causing her to fall over and injure her arm;
- Kicking: One partner kicks another in the leg, causing bruising and swelling;
- Throwing objects: A woman throws a glass at her partner, hitting them in the head and causing a cut;
- Choking: A man puts his hands around their former partner’s neck, restricting breathing;
- Spitting: One person spits on another during an argument, and the spit lands on their face or body.
You may have noticed that none of the above examples involves any type of verbal abuse, such as insulting or slurring. Although it might seem counterintuitive, verbal abuse does not constitute spousal battery, no matter how distressing or harmful. Only instances involving physical contact count as domestic battery, whether they be direct (slapping, kicking, etc.) or indirect (spitting, throwing objects, etc.).
What is battery vs assault in California?
Assault and battery often go hand in hand, which is why these terms are frequently used interchangeably or considered to be one and the same. However, this is a common mistake, as assault and battery are two distinct offenses:
- Battery refers to the actual use of force or violence against another person;
- Assault is an attempt, paired with present ability, to inflict an injury upon another person;
As such, assault can be defined as an attempt to commit battery, since it involves intentional action that would result in battery if completed, only without the actual physical contact.
Where can I find a specialized San Diego domestic battery lawyer near me?
If you’re charged with any form of domestic violence, whether it be domestic battery, child abuse and neglect, or abuse of the elder, turning to Monder Criminal Lawyer Group is your best chance at a favorable outcome and avoiding severe repercussions these crimes carry.
Our attorneys have extensive experience in the field of domestic violence, tailoring their strategies to the unique circumstances of each case. Contact us today to schedule an appointment, visit our offices near Central Courthouse, and let us fight for your future!
