Possible battery charges based on California domestic violence laws
When disagreements between partners or family members get heightened, the conflict may get out of hand. Often, when law enforcement in California is called to a domestic matter, one or more individuals could be placed under arrest with the presumption that they were the aggressor. This situation could quickly turn into a very serious matter, as it could involve criminal charges with severe penalties.
As such, it is important that those accused of domestic violence understand the charges against them and the defense options they have. A domestic matter may not be based on all relevant facts, which is why it is important to fight against these allegations.
California domestic violence laws
Based on California laws, domestic violence is defined as when an individual commits a criminal act within a particular type of relationship. These relationships include those with a spouse, former spouse, cohabitant or former cohabitant in the home, a parent the individual shares a child with or a partner in a dating relationship.
If a crime is being charged based on domestic violence, there are various charges a prosecutor could choose to pursue. This is based on factors such as the severity of the conduct, the harm to the victim and other circumstances relevant to the matter.
A defendant could be charged with a battery based on different sections of the Penal Code. Under Section 242 of the Penal Code, battery is defined as the willful and unlawful use of force or violence against the person of another. Section 243(e)(1) criminalizes battery within a familial or intimate relationship. Alternatively, battery could be charged under Section 243(d), which denotes the infliction of serious bodily injury on the victim.
The Penal Code under Section 273.5 criminalizes domestic violence when the willful conduct of an individual results in a corporal injury resulting in a traumatic condition suffered by the victim that is an individual of a familial or intimate relationship with the defendant.
Depending on the charges, the penalties faced and possible defenses can vary. Therefore, it is important to understand the statutes relevant to your matter and the evidence collected against you.