a
Copyright © 2019 - Garcia Law Group - All Rights Reserved
Designed by Iconic Web HQ

323.419.5175

Call For a Free Consultation

8:00am - 8:00pm

Open 7 Days a Week

Hablamos Espanol

¡Llame ya!

Search
Menu

 

Domestic Battery PC 243(e)(1)

Garcia Law Group > Domestic Battery PC 243(e)(1)

Domestic Battery PC 243(e)(1) – What is it and How is it Different from Domestic Violence?

 

Domestic battery is a serious crime that is committed within an intimate relationship. The law pertaining to domestic battery is located in California penal code section 243 (e)(1) PC.

 

WHAT ARE THE ELEMENTS OF PC 243(e)(1) domestic battery?

To prove the crime of domestic battery under PC 243(e)(1), the prosecution must prove each element of the beyond a reasonable doubt:

 

(1) The defendant willfully touched the victim in a harmful or offensive way, AND

(2) the victim is the defendant’s current or former spouse, cohabitant, fiancé, co-parent, or someone with whom the defendant previously had a dating relationship.

 

California law states that domestic battery is an offense committed against a person with whom you are engaged in an intimate relationship. Domestic battery is committed when you illegally and willfully inflict force or violence when you touched your intimate partner.

 

To prove that domestic battery has occurred, the prosecutor must be able to prove that the defendant willfully and unlawfully touched the alleged victim. The touch must have also been offensive, aggressive, or harmful in manner.

 

For more information about California Penal Code 243 (e)(1) please explore the web page here.

 

In addition to proving the statements above, the prosecutor must also prove that the victim was an “intimate partner” of the defendant.

 

WHO IS AN “INTIMATE PARTNER” UNDER DOMESTIC BATTERY LAWS?

It is important to define what an intimate partner is to fully understand the extent of the domestic battery penal codes in California. People considered intimate partners are the defendant’s:

 

-former spouse,

-the defendant’s former cohabitant,

-the person with whom the defendant currently has or previously had a dating relationship with,

-a person with whom the defendant currently has or previously had an engagement relationship,

-or the mother or father of the defendant’s child.

 

Essentially, if the defendant and the alleged victim/complaining witness have had an intimate relationship at some point in their lives, then the domestic battery can occur.

 

Another important note about domestic battery law is that you can be charged with domestic battery against an intimate partner without causing pain or injury to your partner. Simply making physical contact by touching or grabbing a partner is enough to classify as domestic battery. Physical contact can happen through their clothing or directly to their skin, and still counts as domestic battery.

 

WHAT ARE THE PENALTIES FOR A CONVICTION OF PC 243(e)(1) DOMESTIC BATTERY?

 

A conviction for violating California Penal Code section 243(e)(1) PC is punishable as a misdemeanor (PC 19 and PC 18.5). People convicted of domestic battery charges can be fined no more than $2,000 or be imprisoned in county prison for a maximum of one year. Some defendants will find themselves sentenced to one year in county jail and a fine. Once a person who is accused of domestic battery has served their time in jail and paid the fines to the court, they have an informal probation period (also referred to as “summary probation) of up to 3 years. There are specific conditions for domestic battery probation.

 

If probation is granted, the court will typically sentence a defendant to complete the following:

 

-the defendant must attend a batterer’s program for a minimum of one year (52 classes at a rate of one class per week),

-the defendant must repay or reimburse the victim of the domestic battery for reasonable costs of legal counseling and any other reasonable costs that the court deems are a result of the domestic battery.

-A criminal protective order that prohibits/limits the defendants contact with the victim

 

Additionally, a conviction of PC 243(e)(1) will prohibit the defendant from purchasing, owning or possessing a firearm. Effective January 1, 2019, Penal Code Section 29805 was amended (under Assembly Bill 3129) to prohibit anyone convicted of a misdemeanor domestic violence offense from owning or possessing a gun for life.

 

WHAT ARE SOME EXAMPLES OF DOMESTIC BATTERY?

 

An example of a domestic battery situation would be a couple having a fight and one partner reaching out and pushing the other partner away. Although the other partner may not have suffered any physical injury or substantial mental harm, they can still pursue legal action to charge their partner with domestic battery. The slightest touch a willful and unlawful physical touching is enough to commit battery. Especially so during a fight or an angry or hot situation.

 

Another crucial differentiation to make is the difference between domestic battery end domestic violence. Domestic battery under California Penal Code 243(e)(1) is always classified as a misdemeanor.

 

Domestic violence however is categorized under California Penal Code 273.5 and can be charged as either a misdemeanor or a felony. The charge will be either depending on the circumstance of the situation, the case itself, the level of injury sustained, and the duration of the violence.

 

Unlike domestic battery PC 243(e)(1), domestic violence under PC 273.5 require that the victim of domestic violence suffer some sort of physical injury during the domestic violence incident. The domestic battery charges only require offensive physical contact or harmful touching.

 

WHAT ARE SOME DEFENSES TO DOMESTIC BATTERY?

 

One of the most common defenses against domestic battery charges is claiming that you were acting in self-defense. Self-defense applies to most situations where you have the reasonable and logical belief that another person is going to harm you significantly if you do not defend yourself against them.

 

Self-defense only qualifies if the force used to repel danger was proportionate to the force of the danger. The self-defense force cannot be excessive or extreme when compared to the force of physical danger. Additionally, once the danger has been prevented, the self-defense must stop and the person cannot continue.

 

Additionally, the self-defense claim must be true. It is illegal to lie under oath in a courtroom. Lying under oath is committing perjury, which can end you in jail for a long time if convicted. Do not invent self-defense as a way to avoid domestic battery charges.

 

An example of a legitimate self-defense situation would be one partner harming another person, and the other partner pushing the aggressor off of the other person, accidentally harming their partner in the process of defending the other person.

 

Another common defense against domestic battery is that the accused accidentally committed battery as the behavior was not willful. This requires the defendant to have accidentally applied too much force but did not have the intention of touching, harming or pushing anyway their partner.

 

In a situation like this where a prosecutor is unable to prove the point that the accused committed battery in a willful way, then the defense will win because each element of the crime must be proven beyond a reasonable doubt.

 

WHAT HAPPENS IF THE VICTIM (ACCUSER) DECIDES S/HE WANTS THE CHARGES DROPPED?

 

Some believe that the accuser (victim) can decide not to “press charges.” This belief is not correct. The power to prosecute or NOT prosecute lies with the prosecutor, NOT with the victim (alleged victim) in the case.  Prosecutors often assume that the alleged victim is dropping charges only because:

 

(a) The victim is being threatened or coerced by the defendant, or

(b) The defendant is emotionally manipulating the victim; or

(c) The victim relies on the defendant’s income.

 

So it is likely that the prosecutor will file charges anyway.

 

WHAT IF THE VICTIM OF A CRIME DOES NOT SHOW UP TO COURT?

 

Sometimes an alleged victim of domestic violence refuses to testify against the defendant at trial. But the prosecutor has the “subpoena power” of the court. This means that the accuser can be forced to come to court and testify even if s/he does not want to. The prosecutor must personally serve the witness with a subpoena to appear This means they must find the witness and personally hand him/her papers informing the accuser that he/she must appear in court. If the witness still refuses, the judge can issue a bench warrant for his/her arrest.

Similar offenses include:

Domestic Violence/Corporal injury to spouse or cohabitant PC 273.5

Criminal threats PC 422

Disturbing the Peace PC 415

Dissuading a Witness PC 136.1

Domestic Violence PC 243(e)(1)

Extortion PC 518

Stalking PC 646.9

 

WERE YOU ARRESTED FOR DOMESTIC BATTERY PC 243(e)(1)?

 

Appearing in front of a judge by yourself can be an intimidating experience. Additionally, the laws are complicated. If you are facing a criminal case, Garcia Law Group is here to help you. We’ve handled hundreds of cases and represented individuals in your situation. We are here to help you get through this stressful situation.

Call now and speak to attorney Joel Garcia for a FREE CONSULTATION.

 

Get in touch

free consultation

    Criminal Law

    Garcia Law Group's specialty
    • Drug Offenses
    • Assault Charges
    • Weapon Offenses
    • Property Crimes
    • DUI and Traffic Law
    • Restraining Orders

    Legal Services

    diligent representation
    • Criminal Law
    • Restraining Orders

    You won't find many attorneys who are as passionate and driven to resolve your case as Joel. When he gets a matter he dives into it 110% to get the best results for his clients. I fully endorse him.

    Philip Mauriello, Esq. | Fellow Attorney

    Joel G Garcia is a skilled trial attorney. I've had the privilege of working with Mr. Garcia on several criminal matters. His aggressive and zealous representation has led to incredible results for clients. I give him the highest recommendation possible. He truly leaves no stone unturned for his clients. When Joel G. Garcia is in your corner, you are truly in good hands.

    Brian Hurwitz, Esq. | Fellow Attorney

    Joel is a passionate criminal defense attorney! I would recommend him to those who need a zealous advocate in the courtroom!

    Imran Syed, Esq. | Fellow Attorney

    Joel is truly passionate about what he does and goes above and beyond for his clients. I am proud to have colleagues in the field like Attorney Joel Garcia. You are in the best hands possible!

    Nima Etemadian, Esq. | Fellow Attorney

    I've known Joel for quite some time. He is the quiet guy who will always surprise you at the right moment, the moment you need him the most, in court advocating passionately for your rights. I endorse Mr. Garcia.

    Eiman Rejali, Esq. | Fellow Attorney

    Joel is a highly competent defense attorney. He is a zealous fighter for his clients--a real pro! I endorse this lawyer.

    Paul Hilton, Esq. | Fellow Attorney

    Joel is a skilled lawyer, with experience, knowledge and passion. He is a savvy problem solver, a force to be reckoned with at trial and a serious advocate for his clients. He is driven by a killer work ethic and invested in achieving the best possible outcome for his clients.

    Ghazal Sharif, Esq. | Fellow Attorney

    Joel is the consummate criminal defense attorney. He is adept at his trade, cares for his clients deeply and will fight for them to make sure they get the best results possible. I endorse Mr. Garcia without reservation.

    Omid Rejali, Esq. | Fellow Attorney

    Mr. Garcia was incredibly understanding with me during an extremely difficult situation. He was very knowledgeable and he was able to get me an incredible result and keep me out of jail.

    Amber | Former Client

    I cannot express how grateful I am to Mr. Garcia. I blew a .10, and Mr. Garcia got my case dismissed. I heard from many people that I might as well just plead guilty and be done with it because I was just way too over the limit. I am glad I decided to give Mr. Garcia a call. I explained to my situation and he assured me that I had a case that was worth fighting. Throughout the whole process, Mr. Garcia was very good at keeping me updated and out of jail! I didn't have to deal with missing work to show up to court, which was nice because I didn't want to create any suspicion within my workplace. Now I don't have to worry, because Mr. Garcia was able to have my case dismissed! Amazing work and I would highly recommend to anyone with a DUI!

    Lou | Former Client

    Mr. Garcia was extremely thorough in explaining to me everything regarding my case as to what I was facing, what my options were, and how we were going to proceed. He was extremely confident throughout and knew how to handle every aspect of the negotiations between me and the other party I was involved with in my case. At the end he was successfully able to negotiate a settlement and most importantly prevented the possibility of a misdemeanor going on my record. I am extremely thankful for his stellar work and would recommend him to anyone who wants an attorney that will fight for them in court.

    Former Client

    Joel was incredible in defending me in a restraining order hearing. He prevented a restraining order from being granted. I was very scared and nervous but he informed me of the process and prepared me for court which really calmed my nerves. He was very poised, well-spoken and truly shined in the courtroom in my opinion. He is my go-to attorney!

    Former Client

    Mr Joel Garcia is one heck of a lawyer. He got me out of rut. His cross examining skills are A1. I would highly recommend him to friends and family.

    Omar | Client

    Joel did an amazing job with my case. He consulted me about my case, informed me about every aspect and gave me advice and coached me through in order to arrive at the best possible outcome. Once I hired him, it was smooth sailing. Constant emails, phone calls to keep me up to date...every meeting we had he had a determined plan and he let me know what to do and what he was planning on doing. Overall, Joel is an experienced attorney with an amazing track record and astounding perseverance. My outcome was the best that it could be and I have to thank Joel for that. 10/10! Thank you so much!

    Daniel | Client

    Share with friends or colleagues...
    Share on Facebook
    Facebook
    Share on LinkedIn
    Linkedin
    Email this to someone
    email