Los Angeles Attorney Specializing in Domestic Violence & Spousal Battery Case DISMISSALS!
ALL of the following cases are actual cases that Jeff Voll has personally gotten dismissed. (the facts have been omitted as they are all basically the same ... Someone calls the police and claims their partner hit them ..)
People v. Fernando D. Case 2PD25505 - Outcome: Case Dismissed
People v. Carlos M. Case 2PD01512 - Outcome: Case Dismissed
People v. Vivi N. Case No. 2AM01185 - Outcome: Case Dismissed
People v. Kristina G. Case No. 2AR00177 - Outcome: Case Dismissed
People v. Susana N. Case No. 5SR04544 - Outcome: Case Dismissed
People v. Joshua W. Case No. 5PY05502 - Outcome: Case Dismissed
People v. Albert H. Case No. 3CA06239 - Outcome: Case Dismissed
People v. James L. Case No. 3SY03300 - Outcome: Case Dismissed
People v. Christopher L. Case No. 2LG02763 - Outcome: Case Dismissed
People v. Justin G. Case No. 3GN01251 - Outcome: Case Dismissed
People v. Osayande A. Case No. 0SY02871 - Outcome: Case Dismissed
People v. Nadeem S. Case No. 9CA25072 - Outcome: Case Dismissed
People v. Juan F. Case No. 8FF03792 - Outcome: Case Dismissed
People v. DeAngelo C. Case No 3IW03325 - Outcome: Case Dismissed
People v. Lionel E. Case No. 1CR06560 - Outcome: Not Guilty
People v. Marcus W. Case No. 3IW02189 - Outcome: Case Dismissed
People v. Ralph B. Case No. 3IW02317 - Outcome: Case Dismissed
People v. Antonio E. Case No. 3IW02298 - Outcome: Case Dismissed
People v. Lonny F. Case No. 3IW02299 - Outcome: Case Dismissed
People v. Milton R. Case No 3IW02010 - Outcome: Case Dismissed
People v. Donovan M. Case No. 3IW01976 - Outcome: Case Dismissed
People v. Phillip C. Case No. 3IW02038 - Outcome: Case Dismissed
People v. David H. Case No. 3IW00997 - Outcome: Case Dismissed
People v. Mark M. Case No. 0IW02099 - Outcome: Case Dismissed
People v. Rigoberto L. Case No. 1IW08591 - Outcome: Case Dismissed
People v. James W. Case No. 2IW01395 - Outcome: Case Dismissed
People v. Alfredo V. Case No. 2IW01586 - Outcome: Case Dismissed
People v. Dwight A. Case No. 2IW01841 - Outcome: Case Dismissed
People v. Calvin W. Case No 2IW01903 - Outcome: Case Dismissed
People v. Ardell L. Case No. 2IW01913 - Outcome: Case Dismissed
People v. Jermaine M. Case No. 2IW01694 - Outcome: Case Dismissed
People v. Alvin G. Case No. 2IW01996 - Outcome: Case Dismissed
People v. Donald B. Case No. 1IW03112 - Outcome: Case Dismissed
People v. Roberto R. Case No. 2IW02499 - Outcome: Case Dismissed
People v. Jason S. Case No. 2IW08537 - Outcome: Case Dismissed
People v. Marcus C. Case No. 0IW02757 - Outcome: Case Dismissed
People v. Floyd W. Case No. 2IW02527 - Outcome: Case Dismissed
People v. Gloria M. Case No. 2IW02769 - Outcome: Case Dismissed
People v. Johnny R. Case No. 3IW00069 - Outcome: Case Dismissed
People v. Jonathan B. Case No. 3IW00660 - Outcome: Case Dismissed
People v. Chris E. Case No. 3IW00269 - Outcome: Case Dismissed
People v. Erica F. Case No. 3IW00070 - Outcome: Case Dismissed
People v. Antwan J. Case No. 3IW00978 - Outcome: Case Dismissed
People v. Randle H. Case No. 3IW01096 - Outcome: Case Dismissed
People v. Earl M. Case No 3IW00359 - Outcome: Case Dismissed
People v. Gerardo G. Case No. 3IW01430 - Outcome: Case Dismissed
People v. Octavio O. Case No. 3IW01598 - Outcome: Case Dismissed
People v. Abel P. Case No. 3IW01600 - Outcome: Case Dismissed
People v. Antonio W. Case No. 3IW01536 - Outcome: Case Dismissed
People v. Karl D. Case No. 3IW01538 - Outcome: Case Dismissed
People v. Tony D. Case No. 3IW01276 - Outcome: Case Dismissed
People v. Raymond W. Case No. 3IW01786 - Outcome: Case Dismissed
People v. Michael M. Case No. 3IW00990 - Outcome: Case Dismissed
People v. Gary T. Case No. 3IW01459 - Outcome: Case Dismissed
People v. Van W. Case No. 2IW02210 - Outcome: Case Dismissed
People v. Pericles C. Case No. 3IW01108 - Outcome: Case Dismissed
People v. Juana Q. Case No. 3IW01967 - Outcome: Case Dismissed
People v. Carmen J. Case No. 3IW01968 - Outcome: Case Dismissed
People v. Raul C. Case No. 3IW01287 - Outcome: Case Dismissed
People v. Juan G. Case No 3IW02090 - Outcome: Case Dismissed
People v. Davon N. Case No. 2IW02707 - Outcome: Case Dismissed
THE LAW
Crimes of domestic violence, committed in California, fall under a specialized set of rules. Penal Code Section 273.5 applies to crimes of domestic violence and is the most common domestic violence charge. The consequences of being charged with domestic violence vary in severity, depending on the filing status. Depending of the charge, felony or misdemeanor, a domestic violence conviction will carry severe consequences such as firearm restrictions, court mandated counseling, expensive court fees and fines, and incarceration.
Hiring the right Los Angeles based domestic violence attorney is the most important decision you can make. A wrongful accusation can be dismissed, if the right lawyer employs a carefully devised strategy. The seriousness of domestic violence accusations and the subsequent charges cannot be over emphasized. It is a serious crime, carrying serious penalties that can affect your entire life. Therefore, it is urgent that you hire an experienced Los Angeles based lawyer, who is an expert in California law. A California criminal defense lawyer can help save you and your future from the severe penalties of a domestic violence conviction. Crimes of domestic violence, committed in California, fall under a specialized set of rules. Penal Code Section 273.5 applies to crimes of domestic violence and is the most common domestic violence charge. The consequences of being charged with domestic violence vary in severity, depending on the filing status. Depending of the charge, felony or misdemeanor, a domestic violence conviction will carry severe consequences such as firearm restrictions, court mandated counseling, expensive court fees and fines, and incarceration.
Overview of Domestic Violence
Domestic violence law in California is designed to protect the safety of familial and intimate relationships. The State of California defines domestic violence in intimate of family relationships as a criminal act committed against an individual who falls into one of the following relationship categories: spouse, former spouse; a partner in a parenting, dating, or cohabitation relationship; those individuals who previously identified themselves as a participant in one of the above relationships. More often than not, child abuse and domestic violence are related to each other and occur concurrently.
Simple Battery - Penal Code 242 (non-spouse, non-significant other, etc ..)
Penal Code Section 242 states battery is "willful and unlawful use of force or violence against the person of another." When a defendant is charged with a violation of Section 242 of the Penal Code, several other charges may be filed in conjunction with the original charge. A charge of battery against an individual who has “forced violence” on an intimate or familial partner may be charged with a violation of Section 273.5(a), which is below, of the California Penal Code. In addition, if the prosecutor believes the harm inflicted is serious in nature, a charge of “serious bodily injury” (Penal Code 243d) may be filed. This offense is a wobbler which means it could be filed as a misdemeanor or a felony. If charged as a felony it carries with it a maximum of 4 years in State prison.
Domestic Violence - Penal Code 273.5 (spouse, significant other, etc ..)
Furthermore, California Penal Code 273.5 addresses the criminal nature of inflicting corporal injury on a family member or intimate partner, as specified by California domestic violence law under Penal Code section 273.5(a). Under the State laws of California, individuals who believe they are in imminent harm may apply for restraining orders or protective orders. California's legal system allows for the protection of individuals against all types of abuse. As such, victims of emotional abuse may also qualify for protective or restraining orders.
Facing a domestic battery charge in California can be overwhelming. These cases are not only legally complex but also emotionally draining. Domestic Violence, under California Penal Code Section 273.5(a), is a serious offense that requires visible injuries, however slight, for a conviction. Even a small, offensive touching can result in significant legal consequences if there exists bruising or even a small scratch . If you're dealing with this type of charge, you need to understand what you're facing, including the specific elements of the law, possible penalties, and defenses that might apply. Knowing your rights and options is the first step toward protecting yourself in court. This guide will help you make sense of domestic battery laws in plain English, breaking down the key concepts and terms so you can better understand your situation and prepare for what's ahead.
What is Spousal Battery in California? - Penal Code section 243(e)(1)
California Penal Code Section 243(e)(1) defines spousal battery as the willful and unlawful use of force or violence against an intimate partner. This law is specific to relationships considered close or personal, such as spouses, cohabitants, fiancées, dating partners, or people who share a child. Unlike other forms of battery, spousal battery does not require the victim to show visible injuries. This is a critical difference between Penal Code Section 243(e)(1) and Penal Code Section 273.5(a), which deals with cases involving visible injuries like bruises or broken bones.
Penal Code section 243(e)(1) - Elements of the crime
To be charged under Section 243(e)(1), the prosecution must prove that:
- You willfully touched the other person in a harmful or offensive way.
- The person you touched was an intimate partner under California law.
- Your actions were not legally justified, such as acting in self-defense.
(These elements can apply even if the physical contact was minor or indirect, as long as it was deemed harmful or offensive.)
Key Terms and Definitions
Understanding the key terms in domestic battery cases is essential to grasp what the law
requires. Here's what you need to know:
-
Battery: Penal Code Section 242 defines battery as any willful and unlawful use of force
or violence against another person. In the context of domestic battery, this can include
even slight contact if done in an offensive or angry way. -
Cohabitant: This refers to two people living together in a substantial, ongoing
relationship. Courts may look at factors like shared finances, property, or the stability of
your living arrangement to decide if this applies. -
Dating Relationship: Penal Code Section 243(f)(10) defines this as an ongoing
romantic or intimate association between two people, where there is an expectation of
affection or sexual involvement. It's more than just casual dating or friendships. -
Great Bodily Injury (GBI): Penal Code Section 12022.7(e) describes GBI as a
significant or substantial physical injury. This is a more serious classification than minor
harm and can lead to enhanced penalties if proven.
By understanding these terms, you'll have a clearer picture of how the law views your case and
what you might be up against in court.
Legal Standards for a Conviction
For you to be convicted of spousal battery under Penal Code Section 243(e)(1), the prosecutor
must prove three key elements beyond a reasonable doubt:
-
Willful Touching: You intentionally touched the victim in a way that was harmful or
offensive. The touch doesn't have to cause pain or leave a mark—what matters is that it
was done in an offensive or aggressive manner. -
Relationship with the Victim: The victim must be an intimate partner, as defined by California law. This includes spouses, cohabitants, dating partners, or someone with
whom you share a child. -
No Legal Justification: Your actions weren't legally justified, such as acting in self-
defense or defending someone else.
Juries rely on specific instructions, such as CALCRIM No. 841, which outlines these elements in
plain terms. You don't need to leave a visible injury to be convicted, and even indirect physical
contact, like throwing an object that hits someone, can qualify as harmful or offensive.
Understanding these standards is essential because it shows what the prosecutor must prove to
secure a conviction.
Penalties for Spousal Battery
If you're convicted of spousal battery under Penal Code Section 243(e)(1), you'll likely face
misdemeanor penalties. However, these penalties can still have a lasting impact on your life.
Here's what you might be up against:
- Jail Time: A conviction can result in up to one year in county jail.
- Fines: You could be ordered to pay fines of up to $2,000.
- Batterer's Treatment Program: You may have to complete a 52-week batterer's intervention program. This involves weekly sessions aimed at addressing anger management and preventing future violence.
- Probation: If granted probation, you'll face strict conditions like staying away from the victim, paying restitution, and complying with court orders.
If you violate a protective order issued as part of your case, you could face additional criminal
charges, even if the victim consents to contact.
In more severe cases, such as those involving visible injuries (Penal Code Section 273.5) or
great bodily injury (Penal Code Section 12022.7(e)), the penalties increase dramatically. These
can include felony charges, state prison time, and fines of up to $10,000.
Understanding the potential penalties can help you weigh your options and make informed
decisions about how to approach your defense.
Collateral Consequences of a Conviction
A conviction for spousal battery under Penal Code Section 243(e)(1) doesn't just mean fines or
jail time—it can affect your life in many other ways. These collateral consequences can impact
your job, housing, family relationships, and even your rights.
- Employment: Many employers run background checks, and a conviction for domestic battery can make it harder to find or keep a job. Some professions, like those requiring security clearances or positions of trust, may have stricter restrictions.
- Housing: Landlords may deny rental applications if they see a domestic battery conviction in your background. They might view it as a safety concern for other tenants.
- Child Custody and Visitation: Under Family Code Section 3044, courts may presume that awarding custody to someone with a domestic violence conviction is not in the child's best interest. You'll need to provide strong evidence to overcome this presumption.
- Firearm Ownership: Federal and state laws, including Penal Code Section 29805, ban people convicted of domestic violence from owning or possessing firearms. This ban is often permanent and can significantly affect your rights.
These consequences can follow you long after the court has closed your case. It's crucial to
consider them when planning your defense or negotiating a plea deal.
Examples of Spousal Battery Scenarios
Spousal battery cases come in many forms, and understanding these examples can help you
see how the law applies in different situations:
-
Misdemeanor Spousal Battery: You and your partner get into an argument, and you
shove them in frustration. There's no visible injury, but the act is seen as offensive or
harmful. This could lead to charges under Penal Code Section 243(e)(1). -
Felony Domestic Violence: During a fight, you hit your partner, and they sustain a
visible injury, such as a bruise or cut. In this case, you could face misdemeanor or felony charges under
Penal Code Section 273.5. -
Great Bodily Injury Enhancement: If you cause a significant injury, such as a broken
bone or concussion, during the altercation, the prosecutor may add a sentence
enhancement under Penal Code Section 12022.7(e).
These examples show how even small differences in circumstances can dramatically change
the severity of charges and penalties.
Reducing or Dropping Charges
If you're facing domestic battery charges, it's possible to negotiate for lesser charges or even
have the charges dropped, depending on the evidence in your case.
- Simple Battery (Penal Code Section 242): If the prosecutor cannot prove the intimate relationship element required under Section 243(e)(1), they might pursue a charge of simple battery instead. This carries less severe penalties but still involves harmful or offensive contact.
- Simple Assault (Penal Code Section 240): If no physical contact occurred but there was an attempt to use force or violence, the charge could be reduced to simple assault. This is typically a less serious offense.
-
Plea Bargaining: In some cases, you may be able to negotiate for a lesser charge in
exchange for agreeing to probation, fines, or counseling.
Your lawyer can evaluate the evidence against you and determine if the prosecution's case has
weaknesses. If the evidence is weak or lacks critical elements, it might be possible to avoid a
domestic battery conviction altogether.
Defenses Against Spousal Battery Charges
Building a strong defense against spousal battery charges under Penal Code Section
243(e)(1) requires an analysis of the facts and evidence. Several defenses may apply,
depending on the circumstances:
-
Self-Defense or Defense of Others
A defendant may claim their actions were necessary to protect themselves or someone
else from imminent harm. For this defense to succeed, the evidence must show that:- There was a reasonable belief of an immediate threat of harm.
- The defendant used only as much force as necessary to prevent that harm.
For example, if an alleged victim was the initial aggressor and the defendant acted to protect themselves, this could be a valid defense.
-
False Allegations
Domestic battery charges often arise in emotionally charged situations, such as custody disputes or contentious breakups. A defense could involve proving that the allegations are fabricated, motivated by revenge, or made to gain an advantage in legal proceedings. Evidence such as text messages, witness statements, or inconsistencies in the accuser's testimony can help establish this defense. -
Accidental Contact
The law requires the physical contact to be willful. If the alleged contact occurred accidentally—for example, during a chaotic argument without intent to harm or offend—the defendant may argue that their actions do not meet the legal definition of domestic battery. -
Insufficient Evidence
Prosecutors must prove every element of the charge beyond a reasonable doubt. If evidence is lacking, such as a lack of credible witnesses, no physical evidence, or an unclear account of events, the defense can argue that the burden of proof has not been met. -
Mutual Combat
In some cases, both parties may have engaged in physical altercations. While this does not automatically excuse the defendant's actions, it could raise questions about who initiated the violence and whether the prosecution can prove harmful intent on the defendant's part.
Each defense requires careful evaluation of the facts and circumstances. Legal counsel can
help identify the most effective strategy for a particular case.
Steps to Protect Your Rights When Accused
When facing charges, taking proactive steps can affect the outcome. Defendants should
consider the following:
-
Avoid Contact with the Victim
Adhering to any protective orders is critical. Even innocent attempts to reconcile or
communicate with the alleged victim can result in additional criminal charges. -
Document Evidence
Preserving text messages, emails, photos, and any other relevant evidence can help
support the defendant's account. Witnesses who were present during the incident may
also provide valuable statements. -
Exercise the Right to Remain Silent
Speaking to law enforcement without legal representation can harm a defendant's case. Anything said during questioning can be used as evidence. It is crucial to consult an attorney before providing any statements. -
Consult an Experienced Attorney
Hiring a qualified defense attorney early in the process ensures that the defendant's rights are protected from the outset. An attorney can analyze the evidence, negotiate with prosecutors, and build a strong defense. -
Comply Fully with Court Orders
Following all court-imposed conditions, such as attending hearings, complying with protective orders, or enrolling in required programs, is essential to avoiding additional penalties.
Impact of Plea Deals on Immigration Status
For non-citizens, a domestic battery conviction under Penal Code Section 243(e)(1) can have serious immigration consequences. Federal law considers certain crimes, including those involving domestic violence or moral turpitude, grounds for deportation, denial of naturalization, or ineligibility for visas. Even reduced charges or plea deals can trigger these
consequences. For instance, pleading to a lesser offense like simple battery may still be
classified as a deportable crime. It is essential for non-citizen defendants to consult an
immigration attorney in addition to their criminal defense lawyer to understand the specific risks
and explore strategies to minimize immigration consequences.
Diversion Programs for First-Time Offenders
First-time offenders may be eligible for diversion programs that allow them to avoid a conviction
by completing certain requirements, such as counseling or community service. These programs
are not always available for domestic battery charges, as eligibility depends on local policies
and the circumstances of the case. However, in some jurisdictions, completing a court-approved
domestic violence program can result in the case being dismissed. Defendants should work with
their attorney to explore whether a diversion program might be an option and understand what
steps are required to qualify.
Impact of Protective Orders on Daily Life
A protective order issued in a domestic battery case can profoundly affect a defendant's daily
life. These orders may prohibit contact with the alleged victim, including communication through
calls, texts, or third parties. Protective orders can also require the defendant to move out of a
shared residence or avoid certain locations, such as workplaces or schools. For defendants with
children, protective orders can limit visitation or require supervised contact. Violating a
protective order, even unintentionally, is a separate criminal offense that can lead to additional
charges. Understanding the terms of the order and requesting modifications, if necessary, is
crucial for compliance and minimizing disruptions.
Expungement and Record-Sealing Options
A domestic battery conviction can remain on a person's record even after they have completed
their sentence. Under Penal Code Section 1203.4, individuals who successfully complete
probation may be eligible for expungement. Expungement allows a person to withdraw their
plea of guilty or no contest and have the case dismissed, which can improve job prospects and
housing opportunities. However, even after expungement, certain restrictions, such as firearm
bans, may still apply. The process involves filing a petition with the court, and it is important to
ensure all probation requirements are met before applying. Consulting an attorney can help
simplify the process.
Alternatives to Jail Time
Defendants convicted of domestic battery may have options beyond traditional jail sentences.
Courts often consider alternatives such as house arrest, community service, or weekend jail
programs for low-risk offenders. House arrest allows the defendant to serve their sentence at
home while being monitored electronically, while weekend jail programs permit incarceration
only on weekends to minimize disruption to work or family responsibilities. Judges may also
impose probation in lieu of jail, provided the defendant agrees to conditions like attending a
batterer's intervention program and complying with protective orders. Exploring these options
with legal counsel can help secure less disruptive sentencing outcomes.
How to Handle False Allegations Beyond Legal Defenses
False allegations of domestic battery can cause significant personal and reputational harm,
even if the charges are dismissed. Defendants should take proactive steps to protect
themselves. Preserving any evidence that disproves the allegations, such as text messages,
emails, or witness statements, is critical. Maintaining composure during the legal process and
avoiding retaliatory actions can also prevent further complications. For individuals concerned
about reputational harm, consulting a legal professional or public relations expert may help
manage the situation. This approach can be especially important in contentious family or
custody disputes where false allegations are common.
Financial Implications Beyond Fines
Domestic battery charges can lead to significant financial burdens beyond court-imposed fines.
Defendants may face expenses for legal representation, mandatory counseling programs, and
restitution payments to the victim for medical bills, therapy, or lost wages. Additionally, the long-
term impact of a criminal record may result in higher housing costs, lost employment
opportunities, and difficulty obtaining loans. Defendants should work with their attorney to
understand all potential financial implications and seek ways to minimize these costs, such as
negotiating restitution payments or securing affordable counseling services.
Post-Conviction Rehabilitation Options
Rehabilitation is an important step for individuals convicted of domestic battery to rebuild their
lives and relationships. Many courts mandate participation in a 52-week batterer's intervention
program, but additional resources may be available to help address underlying issues like anger
management or substance abuse. Support groups and community programs can provide
ongoing assistance, while therapy may help individuals process the emotional impact of the
case. Rehabilitative efforts can also demonstrate a commitment to self-improvement, which may
positively influence future custody disputes or expungement petitions. Seeking out these
resources can help individuals move forward and avoid future legal trouble.
Frequently Asked Questions (FAQs)
What happens if the victim doesn't want to press charges?
Under California law, domestic battery cases can proceed even if the victim does not cooperate.
Prosecutors may rely on other evidence, such as police reports, witness statements, or physical
evidence, to build their case.
Can a defendant contact the victim after being charged?
In most cases, a no-contact order is issued after an arrest for domestic battery. Violating this
order, even with the victim's consent, is a separate criminal offense and could result in additional
penalties.
Will a first-time offense result in jail time?
First-time offenders may avoid jail if they are granted probation or allowed to complete a
diversion program. However, the outcome depends on the specifics of the case, the evidence,
and the judge's discretion.
Does a domestic battery conviction affect child custody?
Yes. Under Family Code Section 3044, a domestic violence conviction creates a presumption
that awarding custody to the convicted party is not in the child's best interest. Overcoming this
presumption requires strong evidence of rehabilitation or mitigating circumstances.
Can a conviction be expunged?
In many cases, a domestic battery conviction can be expunged under Penal Code Section
1203.4 if the defendant successfully completes probation. However, certain restrictions may still
apply, such as firearm prohibitions.
Related Offenses to Spousal Battery in California
Spousal battery under California Penal Code Section 243(e)(1) is one of several offenses that
fall under California's domestic violence laws. These related offenses, while distinct, often
overlap in cases involving domestic disputes. Below is an overview of how each offense
connects to domestic battery in the state of California, and how multiple charges could be
brought.
Corporal Injury on an Intimate Partner (California Penal Code Section 273.5)
This offense involves willfully inflicting a physical injury resulting in a traumatic condition on an
intimate partner. Unlike domestic battery, which doesn't require visible injury, corporal injury
requires proof of harm, such as bruises or cuts. Both offenses deal with harm to intimate
partners, but corporal injury generally carries more severe penalties due to the evidence of
physical damage.
Child Abuse (California Penal Code Section 273d)
Child abuse involves the physical mistreatment of a minor and is considered a domestic
violence offense if it occurs within a family or caregiving relationship. Domestic battery and child
abuse intersect when a child is harmed or exposed to violence in the household. For example, if
a child is struck during a domestic dispute, the accused may face charges for both offenses.
Child Endangerment (California Penal Code Section 273a)
Child endangerment arises when a person places a minor in a situation likely to cause harm or
suffering. Domestic battery can lead to child endangerment charges if a child is present during
the incident or placed in harm's way, such as during a violent altercation between partners.
Criminal Threats (California Penal Code Section 422)
Criminal threats occur when an individual intentionally threatens another person with harm or
death, causing fear for their safety. These threats often accompany domestic battery cases,
where verbal intimidation precedes or accompanies physical violence. For example, threatening
a partner with harm and then engaging in harmful physical contact can result in charges for both
offenses.
Elder Abuse (California Penal Code Section 368)
Elder abuse involves harming, neglecting, or exploiting individuals aged 65 or older. When an
elder is the victim of domestic battery, the charge may also qualify as elder abuse, especially if
additional elements like neglect or financial exploitation are present. Both offenses emphasize
protecting vulnerable individuals in domestic settings.
Stalking (California Penal Code Section 646.9)
Stalking involves repeated harassment or threats that cause a person to fear for their safety.
This offense often overlaps with domestic battery when an individual intimidates or follows their
partner over time. Both stalking and domestic battery stem from abusive behaviors but manifest
differently in legal charges.
Resources on Domestic Battery
Several resources are available for individuals dealing with domestic battery charges or related
legal issues:
- California Courts – Domestic Violence Resources
The Judicial Branch of California offers a comprehensive resource page covering
restraining orders, court processes, and links to legal aid organizations. - Families and Children – Judicial Branch of California
This resource provides information on custody laws, the effects of domestic violence in
family court, and services like mediation and counseling. - Federal Domestic Violence Laws – U.S. Attorney's Office
This resource explains federal laws related to domestic violence, including firearm
restrictions and the Violence Against Women Act (VAWA).
Pasadena Domestic Battery Lawyer
Facing a domestic violence charge pursuant to Penal Code section 273.5(a) and a spousal battery charge under California Penal Code Section 243(e)(1) is a serious matter that requires immediate action. Don't let a domestic violence accusation jeopardize your freedom, reputation, or future. At P. Jeff Voll Inc., we bring relentless dedication and extensive experience to aggressively defend your rights. Our attorneys will analyze every detail of your case, challenge the prosecution's evidence, and develop a strong, tailored defense to protect you.
Whether it's uncovering false allegations, proving self-defense, or negotiating reduced charges, we will work tirelessly to minimize the impact on your life. We understand the legal, emotional, and personal stakes involved in domestic battery cases, and we're committed to guiding you
through this process with strength and precision. From navigating court proceedings to fighting for the best possible outcome, we'll be by your side every step of the way.
Don't delay—time is critical in building an effective defense. Call us today at (323) 467-6400 to schedule a confidential consultation and take the first step toward protecting your future. You can also contact us online for immediate assistance. Let us fight for you with the determination
and skill your case deserves.
Los Angeles County Domestic Violence Attorneys
Facing a domestic violence charge under California Penal Code Section 273.5(a) is serious and demands immediate action. At the Law Offices of Jeff Voll Inc., we are dedicated to aggressively defending your rights and future. Our experienced attorneys will examine every detail, challenge the evidence, and develop a powerful defense tailored to your case. Whether uncovering false allegations, proving self-defense, or negotiating reduced charges, we work tirelessly to minimize the impact on your life. We understand the high stakes involved and will stand by you every step of the way, fighting for the best possible outcome. Don't wait—time is critical. Call us at (323) 467-6400 for a confidential consultation or contact us online at [email protected]. Let us defend your rights with skill and determination.
If you find a criminal defense lawyer with more domestic violence dismissals than me, then hire them and not me.
Pasadena Domestic Battery Attorney – California Penal Code Section 243(e)(1)
Facing a domestic battery charge in California can be overwhelming. These cases are not only legally complex but also emotionally draining. Domestic battery, under California Penal Code Section 243(e)(1), is a serious offense that doesn't require visible injuries for a conviction. Even a small, offensive touch can result in significant legal consequences.
If you're dealing with this type of charge, you need to understand what you're facing, including the specific elements of the law, possible penalties, and defenses that might apply. Knowing your rights and options is the first step toward protecting yourself in court.
This guide will help you make sense of domestic battery laws in plain English, breaking down the key concepts and terms so you can better understand your situation and prepare for what's ahead.
Pasadena Domestic Battery Attorneys
Facing a domestic battery charge under California Penal Code Section 243(e)(1) is serious and demands immediate action. At P. Jeff Voll Inc., we are dedicated to aggressively defending your rights and future. Our experienced attorneys will examine every detail, challenge the evidence, and develop a powerful defense tailored to your case.
Whether uncovering false allegations, proving self-defense, or negotiating reduced charges, we work tirelessly to minimize the impact on your life. We understand the high stakes involved and will stand by you every step of the way, fighting for the best possible outcome.
Don't wait—time is critical. Call us at (323) 467-6400 for a confidential consultation or contact us online. Let us defend your rights with skill and determination.
What is Domestic Battery in California?
California Penal Code Section 243(e)(1) defines domestic battery as the willful and unlawful use of force or violence against an intimate partner. This law is specific to relationships considered close or personal, such as spouses, cohabitants, fiancées, dating partners, or people who share a child.
Unlike other forms of battery, domestic battery does not require the victim to show visible injuries. This is a critical difference between Section 243(e)(1) and Penal Code Section 273.5, which deals with cases involving visible injuries like bruises or broken bones.
To be charged under Section 243(e)(1), the prosecution must prove that:
- You willfully touched the other person in a harmful or offensive way.
- The person you touched was an intimate partner under California law.
- Your actions were not legally justified, such as acting in self-defense.
These elements can apply even if the physical contact was minor or indirect, as long as it was deemed harmful or offensive.
Key Terms and Definitions
Understanding the key terms in domestic battery cases is essential to grasp what the law requires. Here's what you need to know:
- Battery: Penal Code Section 242 defines battery as any willful and unlawful use of force or violence against another person. In the context of domestic battery, this can include even slight contact if done in an offensive or angry way.
- Cohabitant: This refers to two people living together in a substantial, ongoing relationship. Courts may look at factors like shared finances, property, or the stability of your living arrangement to decide if this applies.
- Dating Relationship: Penal Code Section 243(f)(10) defines this as an ongoing romantic or intimate association between two people, where there is an expectation of affection or sexual involvement. It's more than just casual dating or friendships.
- Great Bodily Injury (GBI): Penal Code Section 12022.7(e) describes GBI as a significant or substantial physical injury. This is a more serious classification than minor harm and can lead to enhanced penalties if proven.
By understanding these terms, you'll have a clearer picture of how the law views your case and what you might be up against in court.
Legal Standards for Conviction
For you to be convicted of domestic battery under Penal Code Section 243(e)(1), the prosecutor must prove three key elements beyond a reasonable doubt:
- Willful Touching: You intentionally touched the victim in a way that was harmful or offensive. The touch doesn't have to cause pain or leave a mark—what matters is that it was done in an offensive or aggressive manner.
- Relationship with the Victim: The victim must be an intimate partner, as defined by California law. This includes spouses, cohabitants, dating partners, or someone with whom you share a child.
- No Legal Justification: Your actions weren't legally justified, such as acting in self-defense or defending someone else.
Juries rely on specific instructions, such as CALCRIM No. 841, which outlines these elements in plain terms. You don't need to leave a visible injury to be convicted, and even indirect physical contact, like throwing an object that hits someone, can qualify as harmful or offensive.
Understanding these standards is essential because it shows what the prosecutor must prove to secure a conviction.
Penalties for Domestic Battery
If you're convicted of domestic battery under Penal Code Section 243(e)(1), you'll likely face misdemeanor penalties. However, these penalties can still have a lasting impact on your life.
Here's what you might be up against:
- Jail Time: A conviction can result in up to one year in county jail.
- Fines: You could be ordered to pay fines of up to $2,000.
- Batterer's Treatment Program: You may have to complete a 52-week batterer's intervention program. This involves weekly sessions aimed at addressing anger management and preventing future violence.
- Probation: If granted probation, you'll face strict conditions like staying away from the victim, paying restitution, and complying with court orders.
If you violate a protective order issued as part of your case, you could face additional criminal charges, even if the victim consents to contact.
In more severe cases, such as those involving visible injuries (Penal Code Section 273.5) or great bodily injury (Penal Code Section 12022.7(e)), the penalties increase dramatically. These can include felony charges, state prison time, and fines of up to $10,000.
Understanding the potential penalties can help you weigh your options and make informed decisions about how to approach your defense.
Collateral Consequences of Conviction
A conviction for domestic battery under Penal Code Section 243(e)(1) doesn't just mean fines or jail time—it can affect your life in many other ways. These collateral consequences can impact your job, housing, family relationships, and even your rights.
- Employment: Many employers run background checks, and a conviction for domestic battery can make it harder to find or keep a job. Some professions, like those requiring security clearances or positions of trust, may have stricter restrictions.
- Housing: Landlords may deny rental applications if they see a domestic battery conviction in your background. They might view it as a safety concern for other tenants.
- Child Custody and Visitation: Under Family Code Section 3044, courts may presume that awarding custody to someone with a domestic violence conviction is not in the child's best interest. You'll need to provide strong evidence to overcome this presumption.
- Firearm Ownership: Federal and state laws, including Penal Code Section 29805, ban people convicted of domestic violence from owning or possessing firearms. This ban is often permanent and can significantly affect your rights.
These consequences can follow you long after the court has closed your case. It's crucial to consider them when planning your defense or negotiating a plea deal.
Examples of Domestic Battery Scenarios
Domestic battery cases come in many forms, and understanding these examples can help you see how the law applies in different situations:
- Misdemeanor Domestic Battery: You and your partner get into an argument, and you shove them in frustration. There's no visible injury, but the act is seen as offensive or harmful. This could lead to charges under Penal Code Section 243(e)(1).
- Felony Domestic Violence: During a fight, you hit your partner, and they sustain a visible injury, such as a bruise or cut. In this case, you could face felony charges under Penal Code Section 273.5.
- Great Bodily Injury Enhancement: If you cause a significant injury, such as a broken bone or concussion, during the altercation, the prosecutor may add a sentence enhancement under Penal Code Section 12022.7(e).
These examples show how even small differences in circumstances can dramatically change the severity of charges and penalties.
Reducing or Dropping Charges
If you're facing domestic battery charges, it's possible to negotiate for lesser charges or even have the charges dropped, depending on the evidence in your case.
- Simple Battery (Penal Code Section 242): If the prosecutor cannot prove the intimate relationship element required under Section 243(e)(1), they might pursue a charge of simple battery instead. This carries less severe penalties but still involves harmful or offensive contact.
- Simple Assault (Penal Code Section 240): If no physical contact occurred but there was an attempt to use force or violence, the charge could be reduced to simple assault. This is typically a less serious offense.
- Plea Bargaining: In some cases, you may be able to negotiate for a lesser charge in exchange for agreeing to probation, fines, or counseling.
Your lawyer can evaluate the evidence against you and determine if the prosecution's case has weaknesses. If the evidence is weak or lacks critical elements, it might be possible to avoid a domestic battery conviction altogether.
Defenses Against Domestic Battery Charges
Building a strong defense against domestic battery charges under Penal Code Section 243(e)(1) requires an analysis of the facts and evidence. Several defenses may apply, depending on the circumstances:
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Self-Defense or Defense of Others
A defendant may claim their actions were necessary to protect themselves or someone else from imminent harm. For this defense to succeed, the evidence must show that: - There was a reasonable belief of an immediate threat of harm.
- The defendant used only as much force as necessary to prevent that harm.
For example, if an alleged victim was the initial aggressor and the defendant acted to protect themselves, this could be a valid defense.
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False Allegations
Domestic battery charges often arise in emotionally charged situations, such as custody disputes or contentious breakups. A defense could involve proving that the allegations are fabricated, motivated by revenge, or made to gain an advantage in legal proceedings. Evidence such as text messages, witness statements, or inconsistencies in the accuser's testimony can help establish this defense. -
Accidental Contact
The law requires the physical contact to be willful. If the alleged contact occurred accidentally—for example, during a chaotic argument without intent to harm or offend—the defendant may argue that their actions do not meet the legal definition of domestic battery. -
Insufficient Evidence
Prosecutors must prove every element of the charge beyond a reasonable doubt. If evidence is lacking, such as a lack of credible witnesses, no physical evidence, or an unclear account of events, the defense can argue that the burden of proof has not been met. -
Mutual Combat
In some cases, both parties may have engaged in physical altercations. While this does not automatically excuse the defendant's actions, it could raise questions about who initiated the violence and whether the prosecution can prove harmful intent on the defendant's part.
Each defense requires careful evaluation of the facts and circumstances. Legal counsel can help identify the most effective strategy for a particular case.
Steps to Protect Your Rights When Accused
When facing charges, taking proactive steps can affect the outcome. Defendants should consider the following:
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Avoid Contact with the Victim
Adhering to any protective orders is critical. Even innocent attempts to reconcile or communicate with the alleged victim can result in additional criminal charges. -
Document Evidence
Preserving text messages, emails, photos, and any other relevant evidence can help support the defendant's account. Witnesses who were present during the incident may also provide valuable statements. -
Exercise the Right to Remain Silent
Speaking to law enforcement without legal representation can harm a defendant's case. Anything said during questioning can be used as evidence. It is crucial to consult an attorney before providing any statements. -
Consult an Experienced Attorney
Hiring a qualified defense attorney early in the process ensures that the defendant's rights are protected from the outset. An attorney can analyze the evidence, negotiate with prosecutors, and build a strong defense. -
Comply Fully with Court Orders
Following all court-imposed conditions, such as attending hearings, complying with protective orders, or enrolling in required programs, is essential to avoiding additional penalties.
Impact of Plea Deals on Immigration Status
For non-citizens, a domestic battery conviction under Penal Code Section 243(e)(1) can have serious immigration consequences. Federal law considers certain crimes, including those involving domestic violence or moral turpitude, grounds for deportation, denial of naturalization, or ineligibility for visas. Even reduced charges or plea deals can trigger these consequences. For instance, pleading to a lesser offense like simple battery may still be classified as a deportable crime. It is essential for non-citizen defendants to consult an immigration attorney in addition to their criminal defense lawyer to understand the specific risks and explore strategies to minimize immigration consequences.
Diversion Programs for First-Time Offenders
First-time offenders may be eligible for diversion programs that allow them to avoid a conviction by completing certain requirements, such as counseling or community service. These programs are not always available for domestic battery charges, as eligibility depends on local policies and the circumstances of the case. However, in some jurisdictions, completing a court-approved domestic violence program can result in the case being dismissed. Defendants should work with their attorney to explore whether a diversion program might be an option and understand what steps are required to qualify.
Impact of Protective Orders on Daily Life
A protective order issued in a domestic battery case can profoundly affect a defendant's daily life. These orders may prohibit contact with the alleged victim, including communication through calls, texts, or third parties. Protective orders can also require the defendant to move out of a shared residence or avoid certain locations, such as workplaces or schools. For defendants with children, protective orders can limit visitation or require supervised contact. Violating a protective order, even unintentionally, is a separate criminal offense that can lead to additional charges. Understanding the terms of the order and requesting modifications, if necessary, is crucial for compliance and minimizing disruptions.
Expungement and Record-Sealing Options
A domestic battery conviction can remain on a person's record even after they have completed their sentence. Under Penal Code Section 1203.4, individuals who successfully complete probation may be eligible for expungement. Expungement allows a person to withdraw their plea of guilty or no contest and have the case dismissed, which can improve job prospects and housing opportunities. However, even after expungement, certain restrictions, such as firearm bans, may still apply. The process involves filing a petition with the court, and it is important to ensure all probation requirements are met before applying. Consulting an attorney can help simplify the process.
Alternatives to Jail Time
Defendants convicted of domestic battery may have options beyond traditional jail sentences. Courts often consider alternatives such as house arrest, community service, or weekend jail programs for low-risk offenders. House arrest allows the defendant to serve their sentence at home while being monitored electronically, while weekend jail programs permit incarceration only on weekends to minimize disruption to work or family responsibilities. Judges may also impose probation in lieu of jail, provided the defendant agrees to conditions like attending a batterer's intervention program and complying with protective orders. Exploring these options with legal counsel can help secure less disruptive sentencing outcomes.
How to Handle False Allegations Beyond Legal Defenses
False allegations of domestic battery can cause significant personal and reputational harm, even if the charges are dismissed. Defendants should take proactive steps to protect themselves. Preserving any evidence that disproves the allegations, such as text messages, emails, or witness statements, is critical. Maintaining composure during the legal process and avoiding retaliatory actions can also prevent further complications. For individuals concerned about reputational harm, consulting a legal professional or public relations expert may help manage the situation. This approach can be especially important in contentious family or custody disputes where false allegations are common.
Financial Implications Beyond Fines
Domestic battery charges can lead to significant financial burdens beyond court-imposed fines. Defendants may face expenses for legal representation, mandatory counseling programs, and restitution payments to the victim for medical bills, therapy, or lost wages. Additionally, the long-term impact of a criminal record may result in higher housing costs, lost employment opportunities, and difficulty obtaining loans. Defendants should work with their attorney to understand all potential financial implications and seek ways to minimize these costs, such as negotiating restitution payments or securing affordable counseling services.
Post-Conviction Rehabilitation Options
Rehabilitation is an important step for individuals convicted of domestic battery to rebuild their lives and relationships. Many courts mandate participation in a 52-week batterer's intervention program, but additional resources may be available to help address underlying issues like anger management or substance abuse. Support groups and community programs can provide ongoing assistance, while therapy may help individuals process the emotional impact of the case. Rehabilitative efforts can also demonstrate a commitment to self-improvement, which may positively influence future custody disputes or expungement petitions. Seeking out these resources can help individuals move forward and avoid future legal trouble.
Frequently Asked Questions (FAQs)
What happens if the victim doesn't want to press charges?
Under California law, domestic battery cases can proceed even if the victim does not cooperate. Prosecutors may rely on other evidence, such as police reports, witness statements, or physical evidence, to build their case.
Can a defendant contact the victim after being charged?
In most cases, a no-contact order is issued after an arrest for domestic battery. Violating this order, even with the victim's consent, is a separate criminal offense and could result in additional penalties.
Will a first-time offense result in jail time?
First-time offenders may avoid jail if they are granted probation or allowed to complete a diversion program. However, the outcome depends on the specifics of the case, the evidence, and the judge's discretion.
Does a domestic battery conviction affect child custody?
Yes. Under Family Code Section 3044, a domestic violence conviction creates a presumption that awarding custody to the convicted party is not in the child's best interest. Overcoming this presumption requires strong evidence of rehabilitation or mitigating circumstances.
Can a conviction be expunged?
In many cases, a domestic battery conviction can be expunged under Penal Code Section 1203.4 if the defendant successfully completes probation. However, certain restrictions may still apply, such as firearm prohibitions.
Related Offenses to Domestic Battery in California
Domestic battery under California Penal Code Section 243(e)(1) is one of several offenses that fall under California's domestic violence laws. These related offenses, while distinct, often overlap in cases involving domestic disputes. Below is an overview of how each offense connects to domestic battery in the state of California, and how multiple charges could be brought.
Corporal Injury on an Intimate Partner (California Penal Code Section 273.5)
This offense involves willfully inflicting a physical injury resulting in a traumatic condition on an intimate partner. Unlike domestic battery, which doesn't require visible injury, corporal injury requires proof of harm, such as bruises or cuts. Both offenses deal with harm to intimate partners, but corporal injury generally carries more severe penalties due to the evidence of physical damage.
Child Abuse (California Penal Code Section 273d)
Child abuse involves the physical mistreatment of a minor and is considered a domestic violence offense if it occurs within a family or caregiving relationship. Domestic battery and child abuse intersect when a child is harmed or exposed to violence in the household. For example, if a child is struck during a domestic dispute, the accused may face charges for both offenses.
Child Endangerment (California Penal Code Section 273a)
Child endangerment arises when a person places a minor in a situation likely to cause harm or suffering. Domestic battery can lead to child endangerment charges if a child is present during the incident or placed in harm's way, such as during a violent altercation between partners.
Criminal Threats (California Penal Code Section 422)
Criminal threats occur when an individual intentionally threatens another person with harm or death, causing fear for their safety. These threats often accompany domestic battery cases, where verbal intimidation precedes or accompanies physical violence. For example, threatening a partner with harm and then engaging in harmful physical contact can result in charges for both offenses.
Elder Abuse (California Penal Code Section 368)
Elder abuse involves harming, neglecting, or exploiting individuals aged 65 or older. When an elder is the victim of domestic battery, the charge may also qualify as elder abuse, especially if additional elements like neglect or financial exploitation are present. Both offenses emphasize protecting vulnerable individuals in domestic settings.
Stalking (California Penal Code Section 646.9)
Stalking involves repeated harassment or threats that cause a person to fear for their safety. This offense often overlaps with domestic battery when an individual intimidates or follows their partner over time. Both stalking and domestic battery stem from abusive behaviors but manifest differently in legal charges.
Resources on Domestic Battery
Several resources are available for individuals dealing with domestic battery charges or related legal issues:
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California Courts – Domestic Violence Resources
The Judicial Branch of California offers a comprehensive resource page covering restraining orders, court processes, and links to legal aid organizations. -
Families and Children – Judicial Branch of California
This resource provides information on custody laws, the effects of domestic violence in family court, and services like mediation and counseling. -
Federal Domestic Violence Laws – U.S. Attorney's Office
This resource explains federal laws related to domestic violence, including firearm restrictions and the Violence Against Women Act (VAWA).
Pasadena Domestic Battery Lawyer
Facing a domestic battery charge under California Penal Code Section 243(e)(1) is a serious matter that requires immediate action. Don't let a domestic violence accusation jeopardize your freedom, reputation, or future. At P. Jeff Voll Inc., we bring relentless dedication and extensive experience to aggressively defend your rights. Our attorneys will analyze every detail of your case, challenge the prosecution's evidence, and develop a strong, tailored defense to protect you.
Whether it's uncovering false allegations, proving self-defense, or negotiating reduced charges, we will work tirelessly to minimize the impact on your life. We understand the legal, emotional, and personal stakes involved in domestic battery cases, and we're committed to guiding you through this process with strength and precision. From navigating court proceedings to fighting for the best possible outcome, we'll be by your side every step of the way.
Don't delay—time is critical in building an effective defense. Call us today at (323) 467-6400 to schedule a confidential consultation and take the first step toward protecting your future. You can also contact us online for immediate assistance. Let us fight for you with the determination and skill your case deserves.
