What are the factors or elements of 243(e)(1) PC?
Under California’s domestic battery law, Penal Code 243(e)(1) PC, domestic battery is any willful and unlawful touching that is harmful or offensive—and is committed against
- The defendant’s spouse or former spouse,
- The defendant’s cohabitant or former cohabitant,
- The defendant’s fiancé(e) or former fiancé(e),
- A person with whom the defendant has or used to have a dating relationship, or
- The father or mother of the defendant’s child.
A defendant can be convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured in any way. All that’s required is that the defendant use “force” or “violence” against him/her.
This distinguishes domestic battery from the related domestic violence offense of corporal injury on a spouse, cohabitant, or fellow parent—which requires that the victim suffer some form of physical injury.
Domestic battery is a misdemeanor in California. Potential penalties include a fine of up to two thousand dollars ($2,000), and/or imprisonment in the county jail for up to one (1) year.
How can we defend you against charges of California Penal Code 243(e)(1) PC Domestic Battery/Spousal Battery?
Some of the most common defenses include:
- You did not intentionally inflict force or violence,
- You were falsely accused, and
- You acted in self-defense.
We have been successfully defending clients facing all types of criminal charges in Sonoma and Marin Counties, since 1992.
The 100 Trial Lawyers Association has recognized us as one of the best criminal defense attorneys in the country!
Please call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.
Don’t bargain with your freedom! The right attorney makes all the difference between your freedom and incarceration!
Please CLICK HERE to visit our dedicated page on domestic battery charges for more info.