State of California Domestic Battery Law: Penal Code §243(E)(1)
Domestic battery charges in California are commonly referred to as spousal assault or spousal battery charges under Penal Code §243(E)(1). If you or someone you know has been injured as a result of domestic violence, the State of California has laws that can protect you. Depending on the facts of each case, a person facing domestic violence will usually face misdemeanor charges.
This article will outline important elements with respect to California’s Penal Code §243(E)(1). For more information about how you can obtain protection, seek the legal expertise of a skilled family law attorney who has experience in handling domestic battery cases. A proficient attorney can help you obtain a protective order, which could serve to protect you and those you love. Speak to a qualified attorney who can help you identify your options and find the protection that will help to uphold your security and your safety.
Domestic Violence Charges
In the State of California, a person who is being charged with domestic violence could include the following:
- Child Endangerment, under Penal Code 273a;
- Elder Abuse, under Penal Code 368;
- Child Abuse, under Penal Code 273d;
- Corporal Injury to a Cohabitant or Spouse, under Penal Code 273.5;
- False Imprisonment, under Penal Code 236 and 237(a); or
- Criminal Threats, under Penal Code 422
If you are suffering as a result of violence caused by someone you know, it is likely that that person will be charged with domestic violence. Consider obtaining a domestic violence restraining order for your protection. An order can be used to protect yourself, as well as others you live with. Speak to an attorney who can help you identify your legal options.
Inability to Prove Elements in Penal Code §243(e)(1)
In the event that a prosecutor is unable to prove domestic violence, the defendant can still be charged for other crimes. For instance, the perpetrator can receive assault or battery charges.
It is important to note that the various charges can result in different sentencing for the defendant. Many factors can come into play, which will likely include the defendant’s prior criminal history. If this is the first time the defendant has ever committed this type of crime, he or she is likely to see a lesser sentence.
Obtain the Legal Support of an Experienced Attorney
A person should never live in fear as a result of the threat of violence or actual infliction of violence by another. With the presence of domestic violence, the first and most important step to take is to obtain a fortified domestic battery restraining order. Consider seeking the legal advice of a knowledgeable attorney who can help you obtain the protection you deserve.
The attorneys at Milligan, Beswick, Levine & Knox LLP are highly experienced in the field of domestic violence protective orders. The firm is dedicated to protecting the rights of those facing domestic violence charges. Moreover, they are aggressive in securing the safety of victims going through domestic violence. If you are a victim of domestic violence, obtain the legal support of a skilled attorney today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.