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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 as 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.
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Battery On Spouse Prosecution in California
Battery on a Spouse/Domestic Partner Prosecution – Penal Code section 243
Battery on a spouse or domestic partner is charged separately from a regular battery under the California Penal Code. Due to the nature and frequency of domestic violence, legislatures seek to aid those who suffer from their attackers. Therefore, California Legislatures enacted a law to punish those who commit such acts harsher than they would any regular battery charge. In order to be found guilty of any crime, the prosecution must prove each element of a crime beyond a reasonable doubt. Therefore, to prove the defendant is guilty of domestic violence, the prosecuting agency must prove the following two elements:
- The defendant willfully and unlawfully touched the victim in a harmful or offensive manner; and
- The victim is the defendant’s spouse, former spouse, cohabitant, defendant’s fiancé, person with whom the defendant currently has, or previously had a dating or engagement relationship or the victim was the mother or father of the defendant’s child.
The only difference between the elements of this crime and the elements of regular battery is the requirement that the victim be in a marital and/or dating type of relationship with the victim. If the prosecution can show that a battery occurred and the victim was a person the defendant had a relationship with, then the defendant will be found guilty of domestic violence.
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Battery On Spouse Defenses – Penal Code Section 243
Battery on Spouse/Domestic Partner Defenses – Penal Code section 243
Self-Defense or Defense of Others
Self defense or defense of others are defenses you can raise when facing domestic violence charges. A defendant is not guilty of domestic violence if defendant can show:
- The defendant reasonably believed that he/she or another person was in imminent danger of suffering bodily injury or was in imminent danger of being touched unlawfully;
- The defendant reasonably believed that the immediate use of force was necessary to defend against that danger; and
- The defendant used no more force than was reasonably necessary to defend against that danger.
Consent
Consent may be a viable defense to domestic violence in the following circumstances:
- When the alleged victim invites the accused to commit a harmful contact on the alleged victim.
Intoxication
Intoxication may be a viable defense to domestic violence. Evidence to establish the intent is almost always circumstantial. The accused may offer evidence of intoxication on the issue whether he or she actually formed the required specific intent to commit a domestic violence.
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Battery On Spouse Sentencing – Penal Code Section 243
Battery on a Spouse/Domestic Partner Sentencing & Punishment – Penal Code section 243
When domestic violence is committed against a spouse, a cohabitant, a person who is the parent of the defendant’s child, former spouse, fiance, or fiancee, or a person with whom the defendant currently has, or has had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
If probation is granted, or the sentence is suspended, the defendant must participate and enroll in, for no less than one year, and successfully complete, a batterer’s treatment program. Additional conditions of probation may include the defendant must make to a battered women’s shelter, up to a maximum of five thousand dollars ($5,000). Also, The defendant must reimburse the victim for reasonable costs of counseling and other reasonable expenses that the court finds are the direct result of the defendant’s offense.
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Battery On Spouse FAQs
California Battery On Spouse Frequently Asked Questions
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My spouse hit me first and I was defending myself, but I was the only one who got arrested. What are my options?
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I lived with the individual in my battery case, but they were not my spouse or significant other, are there special laws against striking a cohabitant?
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My spouse does not want to press charges in my battery case. Can the D.A. still prosecute?
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If the D.A. does prosecute against my spouses wishes, does this improve my chances of winning the case? Can my spouse testify on my behalf?
My spouse hit me first and I was defending myself, but I was the only one who got arrested. What are my options?
In any battery case, including domestic violence, self-defense is always a defense. Self-defense is an affirmative defense, which means that if you can prove it, it means you’re not guilty. However, with self-defense, the defendant’s acts must be reasonable and must not apply more force on the victim than necessary to defend him/her.
It will not be self-defense if one spouse gets slapped in the face, and retaliates by punching the other spouse and leaving them unconscious.
If you got arrested because you were acting in self-defense, you need an experienced and aggressive defense attorney representing you.
I lived with the individual in my battery case, but they were not my spouse or significant other, are there special laws against striking a cohabitant?
There are no special laws against striking a cohabitant. The law treats a cohabitant the same as they would a spouse.
My spouse does not want to press charges in my battery case. Can the D.A. still prosecute?
The D.A. can still prosecute you for battery on a spouse, even if your spouse does not want to press charges. It is in the D.A.’s discretion on whether to prosecute.
If the D.A. does prosecute against my spouses wishes, does this improve my chances of winning the case? Can my spouse testify on my behalf?
Your chances may have improved; however, this does not guarantee your freedom. The D.A. will be able to use evidence against you, including photos, statements made by your spouse, and even expert witnesses who will testify that an abused spouse will commonly retract his/her statement on in domestic violence cases. Therefore, you will still need an attorney to defend your case.
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Testimonials
Domestic Violence
I would highly recommend Matt Wallin to anyone in need of a good criminal defense in Newport Beach. Along with his partners and investigators at the firm Wallin & Klarich, Matt Wallin was able to get my felony case dismissed prior to any charges being filed. This was particularly impressive given the amount of detail and complicated nature of the case Matt had to deal with. I faced the possibility of having 3 felony charges tried against me, and the real possibility spending significant time in Orange County jail or California state prison. I am very pleased I hired Matt who was able to present my case to the DA and get the case rejected in the interest of justice before I ended up with anything on my record!
-J.B.
I am writing to let you know how impressed I was with the employees of Wallin & Klarich. From my initial phone call to your law firm, throughout both the civil and criminal trials, and a follow-up call to see how my son was doing after the verdict, your employees remained consistent in her ability to provide outstanding client support. Wallin & Klarich Attorneys represented your firm with a professional and caring attitude. The attorney was always accessible, responding promptly to all of my questions and concerns, or getting back to me when they needed to get an answer.
As a parent going through such an emotional turmoil with my son, I cant tell you how comforting it was to have a Wallin & Klarich staff member on the other end of the phone. At a time when both my son and I were confused and under great stress she was always extremely helpful. She kept us going and thinking positively. She always reassured me that no matter what the outcome your firm was on our side and was there for us. Without her I would have been lost.
I have been a manger and worked in the human resources department for over thirty years at several different companies, including law firms. I have had an opportunity to hire and work with hundreds of employees. I wanted you to know that Wallin & Klarich staff members stood out to me. She is intelligent, cooperative, professional and courteous. Her public relations skills are unsurpassed and she has a unique calming ability and the ability to offer unwavering support during very trying and stressful times. Thank you for all your help.
-A Loving Mother
I was going through a child custody dispute and my girlfriend to gain custody of my child, made an allegation that I physically abused her. I hired the law offices of Wallin & Klarich and they assigned an attorney to handle my case. My Wallin & Klarich attorney was able to prove to the district attorney and the judge that the allegations were false and got the case completely dismissed. If you are ever in need of an attorney that will fight for you, I would recommend Wallin & Klarich to handle your matter.
-B.B.
I was arrested for allegedly hitting my wife, I had a prior for the same count, and I was facing jail time. I hired Wallin & Klarich to represent me. My attorney, fought the case hard for me, he never once tried to get me to plead guilty. Thanks to his help the case was entirely dismissed! No Jail, No classes, and no probation, Wallin & Klarich are the best!
-H.K.
I had a horrible history of domestic violence. When I was young, I was quick to get angry and was unable to control myself. I was convicted of Felony domestic violence 7 years ago. I served a year in jail and did my anger management counseling for 18 months. I really learned to manage my temper and to take steps to prevent any further violence. Unfortunately, my ex-wife knew about my past and had taunted me over the years that all it would take is a phone call, and that nobody would believe a word of a former felon. Well, that nightmare came true. She made good on her threats and called the police and lied to them about being beaten to punish me for leaving her for another women. When we went to court, no one believed me. No one except my attorney. He advised me that I was facing a year in jail. We took the matter to trail, where the prosecutor attempted to use my prior conviction from 7 years ago to prove that I was guilty of the crime charged today. My attorney was able to bring out the true story and more importantly, the motives of my ex-wife for lying to he police and convincing my own kids to lie against me. The jury didn’t buy any of it. They voted 12-0 in favor of finding me not guilty. I thank my attorney for all his efforts and for allowing me to have my life back.
-Y.S.
“I was accused of felony domestic violence with injury and faced up to three years in state prison. The attorneys of Wallin & Klarich moved aggressively to present my case in the best light to the court and negotiate with the District Attorney. In the end my felony domestic violence charge was reduced to a misdemeanor. The punishment I received was a domestic violence class and 40 hours of community service. A far cry from the punishment I initially faced! In addition, I was soon reunited with my wife and children. Without the expert advice and guidance of Wallin & Klarich I could have lost my job, my home and my family. I am grateful to Wallin & Klarich for their help.”
-P. A.
“I was facing charges of domestic violence. A conviction for domestic violence would ruin my chances of becoming a United States Citizen. I contacted the law offices of Wallin & Klarich and they quickly contacted the prosecutor’s office. Wallin & Klarich arranged a pre-filing hearing with the prosecutor’s office so we could resolve this without going to court. A hearing was set and Wallin & Klarich convinced the prosecutor not to file any charges against me in exchange for completing a short counseling program. Once I complete the program, the case will be dismissed and I will not have a domestic violence conviction on my record. Now, I can become a United States Citizen thanks to Wallin & Klarich.”
-J. M. H.
“I was arrested for domestic violence. I felt that everyone was against me including the Police and the Prosecutors. They all wanted to send me to jail without even hearing my side of the story. This is all before I retained Wallin & Klarich to represent me. My attorney was the only person that ever listened to me. We took the matter to trial where my attorney vigorously cross-examined witnesses and finally presented my side of the story. They jury took only one hour to return a unanimous verdict of Not Guilty. I would like to thank Wallin & Klarich for an outstanding effort.”
-R. D.
“I would like to just thank your incredible effort on my behalf. When I was wrongfully charged with Domestic Violence, I did not know where to turn. All I knew was that the police were going to take her side, simply because of my prior conviction when I was young. I had changed so much since that conviction, but since it was on my record, I was looking at serious jail time. You fought the case from day one. We took the matter to a jury trial where you cross-examined all the witnesses and brought out the truth. The jury saw the truth and voted 12 – 0 Not Guilty. Thanks to you, I can move on and put this nightmare behind me.”
-E. G.
“What a marvelous result! I was charged with assault with a deadly weapon and a high-grade domestic violence charge. The prosecutor initially evaluated the case as a 120 county jail requirement. My attorney at Wallin & Klarich was able to resolve the case for no jail and a lesser charge. Also, I will be allowed to earn a dismissal in a year. I am very pleased with my results. Thank you Wallin & Klarich for helping me every step of the way.”
-J.D.
“I was involved in a domestic incident with my girlfriend, which included a charge of child endangerment. I hired the offices of Wallin & Klarich to represent me. In the very first pre-trial the lawyers of Wallin & Klarich presented my case to the District Attorney and the Judge and the case was dismissed the same day. I believe that the familiarity Wallin & Klarich attorneys have with their particular court was instrumental in the very quick and outstanding result in my case. I would enthusiastically recommend them for any and all criminal matters.”
-Z. A.
“I was charged with a domestic violence case and was also facing a probation violation. My attorney at Wallin & Klarich was able to get my case dismissed. I am very pleased with my results.”
-N.Q.
“I was charged with spousal abuse against my girlfriend. Because I was on parole I faced a parole violation as well as up to one year in jail. Thanks to the services of Mrs. Garcia at Wallin & Klarich the charges were dismissed against me. I would recommend Wallin & Klarich to anyone in a similar situation.”
-T. S.
I was arrested for domestic violence. My girlfriend was alleging that I pushed her. I hired the Law Offices of Wallin & Klarich for representation. Attorney of Wallin & Klarich was assigned to handle my case. My attorney set the case for trial as the District Attorney did not have any evidence against me. On the day of trial, the District Attorney conceded to my attorney and offered me a 415 (disturbing the peace) as an infraction. This is similar to a speeding ticket. The domestic violence case was dismissed against me. I was facing up to 6 months in county jail and without the services of Wallin & Klarich, I could have lost everything I have ever worked to have. I would recommend Wallin & Klarich to you if you are need a criminal defense attorney that will fight for you.
-M. M.
More California Domestic Violence Information
- Domestic Violence: What You Need to Know
- Battery On Spouse Overview
- Battery On Spouse Prosecution
- Battery On Spouse Charge Defenses
- Battery On Spouse Sentencing
- Battery On Spouse FAQ’s
- Corporal Injury On Spouse Overview
- Corporal Injury On Spouse Prosecution
- Corporal Injury On A Spouse Defenses
- Corporal Injury On A Spouse Sentencing & Punishment
- Corporal Injury On Spouse FAQ’s
