Orange County Spousal Battery Defense Attorney
Defense for Penal Code 243 Violations
In California, there is one misdemeanor domestic violence offense that is more commonly issued more than any other: 243e1 pc.
Penal Code 243 is usually issued for instances of spousal battery in which the defendant willfully inflicts force or violence upon their intimate partner. An intimate partnership can be between homosexuals or heterosexuals, both instances being treated the same under California law.
How Does PC 243(e)(1) Differ from Other Penal Codes?
Unlike other domestic violence penal code offenses, this domestic battery charge is always a misdemeanor. Widely considered the least serious of California’s 3 domestic abuse penal codes, a conviction for 243a pc can be obtained even if the defendant did not physically injure the victim.
If an injury does occur, the state may pursue additional PC violations against the defendant including PC 243 (d) and PC 273.5, both of which can result in more serious penalties.
What Must Prosecutors Prove to Convict Me?
To obtain a conviction for violating PC 243e1, state prosecutors must be prepared to provide sufficient evidence that you willfully inflicted violence or force upon your intimate partner.
The terms and definitions of willful infliction, violence, or force, as well as intimate partner, are crucial aspects of any domestic battery charges.
Some people believe that to willfully inflict anything upon another person, they must have intended to cause an injury and violate California law ꟷ but this is not always the case.
There are instances where an argument between 2 people spirals out of control and one of the persons involved accidentally injures the other even though their action was intended, such as kicking an object that hits the other person. Although kicking the object was the intended action, having the object hit and/or injure the other person was an accident.
Violence or force is sometimes confused with an action that produces bodily harm. If you were to push your intimate partner, your forceful action could be considered spousal battery.
Several different types of relationships can constitute an intimate partner, including:
- Spouse
- Fiancé
- Mother or father of your child
- Persons you previously or are currently dating
Establishing that an action you took was performed upon your intimate partner is determined based upon whether or not you made contact with your intimate partner’s body, clothing, or something that was connected to him or her in some way.
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