California Penal Code § 243(e)(1) PC – Domestic Battery
Penalties, Legal Defenses, and How our San Diego Defense Lawyers Can Help You Fight Back
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
When it comes to domestic battery in California, things can escalate quickly, often leaving those accused facing serious consequences—sometimes without ever intending to cause harm. Domestic battery, under Penal Code § 243(e)(1) PC, refers to the willful and unlawful use of force or violence against someone with whom you share a close relationship. This could be a spouse, cohabitant, fiancé, or even the parent of your child.
Here’s the kicker: you don’t even need to cause visible injuries to be charged. A simple act of force, like a push or a slap, could be enough to land you in court. The penalties for domestic battery are serious, but there are ways to fight these charges.
What is Domestic Battery?
Penal Code § 243(e)(1) defines domestic battery as any willful use of force or violence against:
- A spouse or former spouse,
- A cohabitant,
- A fiancé/fiancée or someone you were previously engaged to,
- The parent of your child,
- Someone with whom you have (or had) a dating or engagement relationship.
A conviction under this statute can result in:
- Probation,
- Fines up to $2,000,
- Participation in domestic violence classes, and
- Up to one year in county jail.
Examples of Domestic Battery
It’s important to understand just how easily you could find yourself facing domestic battery charges. Here are some common scenarios:
- A woman pushes her boyfriend during an argument.
- A man grabs his ex-wife in frustration, causing her shirt to tear.
- A fiancée slaps her partner across the face in the heat of the moment.
In each of these cases, no major injury occurs, yet the physical action is enough to trigger domestic battery charges.
The language of 243(e)(1) PC states that:
“When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously 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 execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”
The Legal Consequences
Even though domestic battery is classified as a misdemeanor, the consequences are still significant. If convicted, you could face:
- Up to one year in county jail,
- A $2,000 fine,
- Mandatory completion of a batterer’s intervention program for at least one year,
A protective order or domestic violence restraining order that limits contact with the alleged victim.
Defending Against Domestic Battery Charges
At Kersey Law, we know that not all domestic battery accusations are straightforward. There are several key defenses we can use to challenge the charges, including:
- Self-defense: If you believed you were in immediate danger and used reasonable force to defend yourself, we can argue this in court.
- False accusations: Sadly, domestic battery accusations are sometimes made out of jealousy, revenge, or during heated custody battles. We’ll examine any potential motivations behind the claims and work to discredit false accusations.
- No willful act: If the incident was accidental, meaning you didn’t intend to make contact or cause harm, that’s a critical point of defense. We will gather any available evidence, such as witness testimony or surveillance footage, to support your case.
Is Domestic Battery a Felony in California?
The good news is that Penal Code § 243(e)(1) is not a felony. It’s a misdemeanor, meaning the potential penalties are less severe than more serious domestic violence charges. That said, the consequences can still be life-altering. A conviction may result in probation instead of jail time, but it will require completing a batterer’s treatment program and abiding by protective orders.
What About Immigration Consequences?
If you’re not a U.S. citizen, the fear of deportation is always present when dealing with criminal charges. Fortunately, a conviction under Penal Code § 243(e)(1) is not considered a deportable crime of violence under federal law. However, every case is unique, and it’s important to consult with your attorney about the potential immigration impact.
Expungement and Gun Rights
A domestic battery conviction can be expunged once you’ve completed your probation or jail term. However, there’s a significant caveat for gun owners: under California Penal Code 29805, you will face a 10-year ban on owning or possessing firearms if convicted. If police confiscate any guns at the scene, they can hold them if the incident involved threats or physical violence.
Related Crimes
- Aggravated battery – PC 243d: Touching or striking another person in a harmful or offensive manner and, by doing so, causing the person to suffer a serious bodily injury. Also called “battery causing serious bodily injury.”
- Corporal injury to a spouse or cohabitant – PC 273.5: Inflicting corporal injury on a spouse or cohabitant. “Corporal injury” means any physical injury, whether serious or minor. Unlike domestic battery, a “victim” must suffer some injury for you to be guilty of this offense.
- Elder abuse – PC 368: The physical or emotional abuse, neglect, or also financial exploitation of anyone 65 years of age or older.
Additional Resources
If you are a victim of domestic violence, you can find help and information here:
- California Partnership to End Domestic Violence – List of domestic violence organizations throughout California.
- DomesticShelters.org – Directory of domestic violence shelters in California.
- WomensLaw.org – List of advocates and shelters for domestic violence victims.
- Blue Shield of California Foundation – Resources for survivors, advocates, and allies.
- National Domestic Violence Hotline – 24/7 hotline to profile information and help for domestic violence victims.
How Kersey Law Can Help
When facing domestic violence charges, it’s critical to have a defense team that knows the intricacies of California’s Penal Code and can navigate the system to protect your rights. At Kersey Law, we’ve helped countless clients build a strong defense by challenging the definitions of abuse, reasonable fear, and cohabitation. Our experience allows us to identify weaknesses in the prosecution’s case and use the law to your advantage.
Contact Kersey Law for a Free Consultation
If you’re facing domestic violence charges, don’t wait. The sooner we start working on your defense, the better your chances of a favorable outcome. Contact Kersey Law today to schedule a free consultation and learn how we can help you fight back.
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