If you are being charged with battery of your spouse or other family member in San Diego, it is important to know what legal consequences you may be facing. Under California Penal Code section 242, battery is defined as any willful and unlawful use of force or violence upon the person of another. This means any amount of unlawful force, even a touch, can be charged as a battery. However, battery against your spouse or domestic partner is charged separately from regular battery due to the nature and frequency of domestic violence (P.C. 243(e)(1).
If you are convicted of domestic violence you will be facing a possible fine of up to two thousand dollars ($2,000), or imprisonment in a county jail for a period of not more than one year, or by both a fine and imprisonment.
For the prosecution to convict you, it must prove that you willfully and unlawfully touched the victim in a harmful or offensive manner and that the victim is either your spouse, former spouse, cohabitant, fiancé, a person whom you currently have or previously had a dating or engagement relationship or the victim was the mother or father of the your child.
Due to the possible consequences you may be facing, it is vital that you hire an experienced criminal defense law firm who knows the proper defenses for your case.
At Wallin & Klarich we have over 30 years of experience defending persons who are facing domestic violence charges. If you or someone you love is charged with battery, contact the experienced San Diego criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit us at www.wklaw.com. We will be there when you call.
