Battery On Spouse – Penal Code Section 243

Battery on a Spouse/Domestic Partner Overview – Penal Code section 243

Penal Code section 242 defines battery as any willful and unlawful use of force or violence upon the person of another. Any amount of force, no matter how slight, can be classified as a battery. When unlawful use of force upon another is your spouse or domestic partner, “courts will apply special consideration when imposing a sentence so as to display society’s condemnation for these crimes of violence upon victims with whom a close relationship has been formed.”

Under Penal Code section 243, battery on a spouse or a domestic partner is a misdemeanor. The law in California does not require the defendant to have intended to break the law, hurt someone else or gain an advantage to be charged with a battery on a spouse. The law only requires that the force was willful, meaning that it was intentional. The law in California is so harsh that one can be charged for battery for even the slightest touching either with the person or though his or her clothing.

Often times, clients who retain one of our experienced battery attorneys are able to resolve their case by dismissing the charges. However, this will depend on the facts of your case and whether or not there were previous charges of battery. If you or someone you love is charged with battery, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.