Domestic Battery, PC 243(e)(1)

Domestic battery involves harmful or offensive physical contact with an intimate partner, and the consequences of a conviction can be severe. You might lose your gun rights, face jail time, or suffer damage to your personal and professional reputation. Working with a criminal attorney can help you better navigate the legal process and explore potential defenses

At the Law Offices of Anna R. Yum, we specialize in defending individuals accused of domestic violence charges like domestic battery. Our practice in San Diego is dedicated to providing legal guidance, protecting your rights, and ensuring you have the best defense possible.

What is Domestic Battery?

California Penal Code 243(e)(1) defines domestic battery as the unlawful and willful employment of force or violence against an intimate partner. Different from other more severe forms of domestic violence offenses, domestic battery does not have to cause bodily harm. This means that any unlawful contact that involves the use of physical force, which may not necessarily cause bodily harm, would lead to a domestic battery charge being filed. This misdemeanor charge is easy to prefer, given that all one has to do is shove or grab a person in the wrong manner.

Examples of domestic battery:

1. Karen gets angry at her former husband when discussing their child’s education. She then suddenly hits him on the face, but the skin does not show any sign of redness. This act alone can constitute a domestic battery, even if the battery has no lasting physical effects.
2. Ken feels annoyed with his wife when they are arguing about financial issues. He roughly pulls her arm to make her sit and not leave the room. Although his wife has no physical injury in this scene, this aggressive action may also amount to domestic battery since the contact was unprovoked and meant to dominate.

Domestic battery charges do not need the intent to harm. Still, only the intention to perform the act, which is relatively easier for prosecutors to prove even in petty domestic altercations. Whether the victim had a physical injury or not is of no concern to the prosecution case​.

Elements of Domestic Battery

When pursuing a California PC 243(e)(1) conviction, the prosecution must prove certain elements beyond a reasonable doubt. These include:

Willfully

The prosecution must first prove that in the act of domestic battery, the act was committed ‘willfully.’ Under California law, ‘willfully’ means the act was intentionally committed. However, this does not mean that you had to intend to commit a crime or to cause serious harm. This element is met as long as the actions taken were intentional and not done by mistake.

For example, if you were angry with your partner and threw an object at them and hit them, this is a willful act, even if you did not intend to cause severe harm.

Harmful or Offensive Touching

The prosecution must prove that the defendant suffered harm or was offended by touching. Domestic battery does not have to be severe; any unwanted or hostile physical act will do. This could have been as simple as a slap or a shove, or it could have been something worse.

Closely touching someone or touching them in any manner to which they did not consent or in a manner that would cause them to fear harm is considered an offense. For example, using a gentle touch aggressively to your partner or throwing something that may land on them can meet this part.

Intimate Partner

An ‘intimate partner’ can be an ex-spouse, a fiancé, a boyfriend or girlfriend, a person you are involved with sexually, or a person with whom you have a child. It is also possible for persons who have shared a home without being lovers to be protected by domestic battery laws. If the relationship does not meet the statutory requirements, the charge might not hold​.

Possible Legal Defenses for Domestic Battery

When facing domestic battery charges, defendants have several legal defenses available depending on the circumstances surrounding the alleged incident. These are:

Accidental Situations

An accident can happen in any kind of relationship, and sometimes, such an accident may harm the other partner, not that one intended to hurt the other. In domestic battery cases, the prosecution must prove that the touching was either harmful or offensive and it was done willfully or intentionally. You cannot be convicted under this statute if the touching was done without intention.

For example, you may be dragging a large piece of furniture in your house when it accidentally bumps into your partner and causes an injury. In such a case, the defense would state that the incident was an accident, not a planned act of aggression.

An essential aspect of this defense is to prove that physical contact was accidental. This could be a sound defense where the defendant did not act with premeditation. A witness can help provide evidence that the defendant did not act with malicious intent.

False Accusations

In the susceptible nature of domestic relations, situations of false allegations of domestic battery may be made. These allegations may stem from jealousy, revenge, or having an upper hand in divorce or child custody issues. It is hard to deal with when you receive this accusation, especially when legal repercussions are involved. However, one must realize that such claims occur, and some laws allow one to protect oneself against them.

If you think you have been framed, your defense lawyer will question the accuser’s character and review the evidence against you. The accuser may lie about the injuries that they sustained, and there may be no witnesses, no signs of struggle, and no physical evidence to support the accuser’s testimony. It is also possible that the accuser had other reasons for making the charges, such as if there was a custody battle or a conflictive romantic relationship.

Alibi

An alibi defense is persuasive if you provide evidence that you were not at the scene during the alleged act. Security cameras, phone calls, or other witnesses may speak in your favor and show that the accuser is lying. Some of the possible tactics that might be used in defense include looking for character references, analyzing message exchange, or assessing the motive of the accuser to perjure.

Self-Defense

California law allows you to protect yourself if you believe that you are in a position to be physically attacked. To successfully use this defense, one must prove that they acted in response to a threat of imminent harm and that the force applied was reasonable and necessary.

For example, you quarrel with your spouse, and they try hitting you. If you are defending yourself against them to make them stop hitting you, that could be considered self-defense. However, in exercising the right of self-defense, one is not allowed to use force to more than the extent required to repel the attacker. So, if you use a weapon to counter a minor slap, this defense will not protect your actions.

In court, your attorney will argue that it was reasonable for you to perceive the threat and act as you did under the circumstances. You can provide proof that you acted in self-defense through witnesses, the injuries you sustained, or a video recording taken at the scene.

Lack of Willfulness or Intent

Penal Code 243(e)(1) requires that the defendant act “willfully,” meaning that the person intended to perform the physical act that resulted in the contact that was either harmful or offensive to the victim. However, if the touching was done accidentally or without the intention of inflicting any harm, then this defense could be used.

For example, if you touched your partner while dancing in a crowded room and later complained that you assaulted them, your lawyer may defend that you had no intent. The prosecution must prove that you acted with the requisite intent to either harm or offend your partner.

Penalties and Sentencing to a PC 243(e)(1) Violation

It is a misdemeanor to be convicted of domestic battery and can lead to up to one year in county jail and/or a maximum fine of $2,000. However, in some cases, depending on the case’s circumstances and the defendant’s criminal record, the court may offer probation as an alternative to jail time.

Probation comes with the requirement that the defendant must undergo a batterer’s intervention program. Other conditions include community service, counseling, or substance abuse treatment, especially if drugs or alcohol were involved in the alleged offense.

This program runs for 52 weeks and seeks to address anger management and relationship skills issues.

Effects of Domestic Battery Conviction on Gun Rights

In the event of conviction, you will be barred from owning or possessing any firearms for ten years. California law is evident in this aspect, which seeks to reduce any chances of further acts of violence by denying the owners of weapons, those convicted of domestic battery, an opportunity to possess them.

If you are convicted of possessing or attempting to purchase a firearm during these ten years, you could also get additional time, depending on the circumstances. This can also interfere with any probation you serve, leading to probation violations and other repercussions.

Furthermore, if you have a job that involves the utilization of firearms, for instance, security personnel, police, etc, a conviction for domestic battery will mean that you will be fired from your job. The employers in these fields are usually not willing to disregard the conviction that comes with such a restrictive provision.

Expungement of Domestic Battery Record

Expungement enables a person to withdraw a guilty or no-contest plea or to have a guilty verdict entered in their case set aside so that the case is dismissed.

Expungement in California is provided for those convicted of misdemeanors, including domestic battery, so long as certain conditions are met. You have to go through all the requirements of your sentence, including the probationary period. Besides, there should be no new criminal charges or convictions against you. If you were sentenced to probation, it is essential to ensure that the probation has been completed or that one has been released early.

After the expungement of your conviction, it will not be revealed in most background checks, thus leaving you free from the prejudice of a criminal record. This is particularly so for job seekers, homeowners, or those applying for professional licensure, as any employer or landlord cannot refuse to hire, rent an apartment, or issue a license due to an expunged conviction. However, some agencies of the government and the police may still have your record expunged even if your criminal record has been cleared.

What Happens If The Accuser Wants To Drop The Charges?

Even if the accuser decides to drop the charges in domestic battery cases, the case may not be dismissed. It is not the accuser but the state that decides whether to proceed with the prosecution.

After an arrest or charges have been pressed, the case is no longer in the hands of the victim but the prosecution. This approach originated from the notion that domestic violence is a societal concern, and the state has to ensure that the offender is punished irrespective of the accuser’s wishes.

However, the prosecutor may proceed with other kinds of evidence, including witness statements, medical records, photos of injuries, and recordings of 911 calls, even if the accuser no longer wants to proceed with the case.

Sometimes, the prosecutors might think that the accuser is forced or threatened in some way, and therefore, they will be more adamant in prosecuting the case. This is why many people are usually shocked when they find out that a victim cannot just decide to ‘drop the charges,’ even if they want to.

However, the accuser’s cooperation or lack of it can still play a decisive role in the given case. The prosecution may be in trouble if the accuser refuses to take the stand or provide consistent statements. In such situations, your lawyer could question the admissibility of the state’s evidence and, therefore, cast aspersions on your collaboration. The accuser’s testimony may be considered crucial, and without it, the prosecutors may decide that the case is too weak to be prosecuted and won.

If the accuser is keen on recanting the statement and this is in your favor, it can also be used in your defense, though it has to be done carefully. It is important not to approach the accuser in any way, or one will be charged with tampering with the witnesses.

In short, while the accuser cannot directly drop the charges, their position may indirectly impact the case’s progress, mainly if their cooperation is central to the evidence against you.

Closely Related Offenses and the Differences

Below are offenses you could be charged with in lieu of or with domestic battery.

California PC 273.5, Corporal Injury To A Spouse Or Cohabitant

Under Penal Code 273.5 PC, the crime of corporal injury to a spouse or cohabitant refers to intentional physical harm to a partner sharing an intimate relationship or a former one. This charge differs from domestic battery in that the latter does not require the defendant to have caused a visible injury to the victim, no matter how small. It could be as minor as a bruise or swelling, but to satisfy the laws, one has to provide evidence of a mark.

The constituent factors of this offense include:

1. You have to have intentionally inflicted bodily harm on the victim
2. The injury had to have left a mark on the body of the victim or the perpetrator
3. The person injured has to be a spouse, cohabitant, dating partner, or the parent of your child

In contrast to domestic battery, where one just has to touch the other and be charged, Penal Code 273. 5 PC requires physical contact, which attracts severe consequences.

A conviction under PC 273. 5 is considered a ‘wobbler,’ which is a type of offense that can be charged as either a misdemeanor or a felony based on circumstances such as the extent of the injury and the defendant’s prior criminal records.

If it is a misdemeanor, the punishments are up to one year in county jail and a fine of up to $6000. If it is a felony, you could serve two, three, or four years in a state prison or be placed on probation or compelled to attend a batterer’s intervention program.

California PC 242, Battery

According to PC 242, battery is the unlawful and intentional application of force on the person of another. Unlike Penal Code 273.5, which mandates that there should be some observable harm, and PC 243(e)(1), which is specific to the perpetrators being in an intimate relationship with the victim, battery under PC 242 can be committed on anybody, and no harm is necessary to be charged. In other words, there is battery when there is a deliberate application of force or violence in any measure.

As a crime element, one has to have intentionally and feloniously made physical contact with another person maliciously or provocatively. The touching does not have to be painful or even cause harm, but it must have been done forcefully, aggressively, or in a way that is likely considered improper. Also, the act must have been done intentionally. Accidental touching does not amount to battery.

Battery is usually filed as a misdemeanor. If convicted, you may be subject to up to six months in county jail and a fine of up to two thousand dollars. However, if the battery results in great bodily harm or if it involves particular circumstances, like battery of a police officer, the charge may be raised to a felony, making the possible penalties range up to four years in state prison.

Battery deals with any type of forceful or violent contact, whether or not the defendant had any prior acquaintance with the victim. Domestic battery, however, is mainly confined to intimate partners and, most especially, in a relationship.

California PC 240, Assault

Under Penal Code 240, assault is trying to hurt another person physically or even causing any harm to that person.

In proving an assault, the prosecution must show that the accused person intended to do an act that would produce probable force on another person and that the accused could do so at the time of the act. Moreover, you must have known that the conduct would probably lead to physical injury to the other individual. No motive to kill is necessary; planning or threatening is sufficient to make one liable to be charged.

In California, assault is usually prosecuted as a misdemeanor. If convicted, you could be sentenced to up to six months in county jail and a fine of up to one thousand dollars.

Nonetheless, if the attack is made on a protected person, that is, a police officer or a member of an emergency crew, the consequences are far worse, and you may be liable to be jailed for up to one year.

Aggravated Battery, Penal Code 243d

Aggravated battery is the unlawful touching of another person with force or violence in a manner likely to cause great bodily harm. Unlike battery, which does not need the victim to sustain serious damage, aggravated battery is concerned with the extent of harm done. It has to be a serious one, including fractures, concussions, other severe physical disabilities, or illnesses.

To secure a conviction, the prosecution must prove that the accused acted willfully and unlawfully in applying force and violence on another person, and in the process, the victim sustained severe bodily injury. Most importantly, the prosecution does not have to prove that you wanted to cause such serious harm. It only has to prove that you tried to touch the victim, and the victim suffered severe harm as a result.

Aggravated battery can be a misdemeanor where the victim sustains bodily harm, but it can also be a felony if the victim sustains great bodily harm. The penalties for the misdemeanor are imprisonment of up to one year in the county jail and fines of up to $1000. If you are prosecuted as a felony, you can be imprisoned for four years in the state prison or fined $10,000. The penalties may be higher if the victim is in the protected class, for example, police officers or medical workers.

Find a Domestic Violence Defense Attorney Near Me

The harshness of domestic violence laws in California and the potential consequences on your personal and professional life make this a moment where you should hire an attorney. Your future may hinge on the experience and expertise of a domestic violence defense attorney.

At the Law Offices of Anna R. Yum, we understand the gravity of domestic battery accusations and the emotional toll they can take. We provide aggressive representation to defend your rights and build a robust defense. If you are in San Diego and need legal counsel, contact us at 619-493-3461 to schedule a confidential consultation.