California Domestic Violence Laws & Defense
There are many domestic violence statutes in California. By far the three most commonly charged domestic violence charges include PC 243(e)(1), PC 273.5(a), & PC 273.5(f)(1). This page is dedicated to the discussion of PC 243(e)(1) Misdemeanor Battery on Spouse or Cohabitant. For more information on other California domestic violence charges please see PC 273.5(a) Corporal Injury to Spouse or Cohabitant and PC 273.5(f)(1) Corporal Injury to Spouse or Cohabitant with Prior.
PC 243(e)(1) is classified as a misdemeanor in California; it is the most common domestic violence charge levied against a defendant when there is no evidence of injury on the defendant's spouse or cohabitant and where the defendant has no criminal history of domestic violence.
To prove the defendant is guilty of PC 243(e)(1) the district attorney must prove: 1) the defendant wilfully touched the spouse or cohabitant in a harmful or offensive manner, 2) the victim is either the roommate or former roommate or the spouse or ex spouse of the defendant, and 3) the defendant had no right to self-defense during the harmful or offensive touching of the victim.
A "cohabitant" under PC 243(e)(1) is defined as a person who is not of family relationship to the defendant. A parent of the defendant may also qualify as a victim of domestic violence under 243(e)(1).
The "touching" does not have to cause pain or injury to the victim as long as the touching was done in a harmful or aggressive manner. In fact, under PC 243(e)(1) the touching does not even have to be directly on the skin of the victim. For example, grabbing an object out of the hand of the victim in an angry manner may qualify as a harmful or offensive touching under PC 243(e)(1).
The most common defenses to a charge of domestic violence under PC 243(e)(1) include 1) insufficient evidence to prosecute the charge (in virtually all cases there is no evidence of injury and usually the defendant and the victim are the only witnesses to the crime, and 2) self-defense.
If found guilty of PC 243(e)(1) the defendant may face up to 1 year in jail. In addition to any possible jail time, if the defendant pleads guilty (or is found guilty) of PC 243(e)(1) the defendant will be made to pay heavy fines, attend domestic violence abuse counseling classes, be ordered to stay-away from the victim, and be placed on probation with the court.
In addition, criminal conviction in general can lead to professional or occupational license restriction or suspension, immigration problems (for non-U.S. citizens), and family law legal problems and lawsuits.
If you or a loved one has been charged with domestic violence against a spouse or cohabitant under California PC 243(e)(1), contact criminal defense attorney Christopher Dorado today. Attorney Dorado is 100% dedicated to criminal defense and initial consultations are provided at no cost to the accused. Attorney Dorado will patiently explain your rights, your defense options, and the law behind PC 243(e)(1).
Contact Criminal Defense Attorney Christopher Dorado today. 909.913.138
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