California Penal Code Section 243(e)(1) defines the crime of domestic battery, which is always a misdemeanor. Whether an incident counts as “domestic battery” or “domestic violence” (which is governed by Section 273.5) is often a matter of the prosecution’s whims, or the efforts of your Ventura, California criminal defense lawyer. Domestic violence can be a misdemeanor or a felony, which makes it a wobbler offense.
California law defines battery as any act of physical violence inflicted intentionally, even if it does not cause injury. The difference between domestic battery and other types of battery is that the defendant and the alleged victim are close family members or current or former romantic partners. For example, if your wife tries to grab your cell phone out of your hands during an argument, and you grab her hand and push it away, you could get domestic battery charges.
Even though domestic battery is a misdemeanor, it can cause complications in your life in ways not directly related to the criminal justice system. Here are some reasons to contact David Lehr Law about domestic battery charges:
- Within your community, you could get a reputation for domestic abuse, even if the domestic battery incident was minor
- Future incidents of domestic battery will count as repeat offenses in the criminal justice system, which means harsher penalties
- Your partner can get a restraining order against you, even if your case does not result in a domestic battery conviction
- Future employers and landlords will be able to see the domestic battery conviction if they do a background check
- The court could reduce your parenting time, even if the alleged victim was not your child or your child’s mother
With domestic battery and other criminal charges related to family violence, the identifying characteristic is the closeness of the relationship between the defendant and the alleged victim, You can get domestic battery charges for a physical fight with your parent, sibling, child, stepparent, stepsibling, stepchild, spouse, partner, or in-law if you live in the same household. These charges also apply if the victim is a former spouse or current or former dating partner, even if you do not live together. Your gender and the victim’s gender do not matter.
David Lehr Law in Ventura, California is committed to helping defendants accused of domestic battery and many types of other criminal charges. If you get arrested on allegations of domestic battery, these are some things to keep in mind before and after you talk to your criminal defense lawyer:
- You are innocent until 12 unbiased jurors agree that you are guilty beyond a reasonable doubt, or until enter a guilty plea that no one pressured you into entering.
- The police cannot force you to answer questions or to confess to a crime. You have the right to remain silent and to have your lawyer present while you are being questioned.
- A jury cannot convict you if the police and prosecution gathered evidence against you through means that violate your right to due process or if your trial was unfair.
If you are facing criminal charges for domestic battery, contact David Lehr Law today. Your future and your relationship with your family depend on the outcome of your case, and we will do everything we can to help.
If you have been charged with
domestic battery, call 805-477-0070.
We can provide you with a free case review.
The Law Offices of David Lehr provides professional and honest legal representation. Beware of law firms that guarantee that they can get you acquitted; if you plead not guilty, the verdict is the decision of the jurors at your trial, not the judge or lawyers. Every domestic battery case is unique, and your lawyer will advise you on the best course of action in the context of your case. The content on this website is for information only and is not legal advice given within an attorney-client relationship.
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