Domestic violence is a classification of crime that can cover a wide range of specific penal codes. The most commonly filed of these offenses in San Diego is domestic battery. This charge can be filed when someone uses force or violence against an intimate partner. If you have been accused of domestic battery in Vista or the rest of San Diego County, contact an experienced defense attorney like Peter M. Liss as soon as possible to start creating a strategy to help you protect your freedom.
What is Considered Domestic Battery in California?
California state law defines domestic battery under Penal Code 243(e)(1) (PC). It involves the use of force or violence against a romantic or sexual partner, such as:
- A spouse
- A fiance
- An ex
- A co-parent
- A girlfriend or boyfriend
“The victim need not be injured under this law,” explains Peter Liss. “San Diego prosecutors still file domestic battery charges when the defendant was being emotionally abusive and threatened physical violence.”
Is Domestic Battery a Misdemeanor or Felony?
Domestic battery is always a misdemeanor.
What Are the Penalties for Domestic Battery in San Diego?
As a misdemeanor, domestic battery is punishable by no more than one year in jail. Many people convicted of the crime can even avoid time behind bars if their lawyer can arrange for them to serve time on probation instead.
Offenders are also subject to additional penalties, such as:
- Fines up to $1,000
- Victim restitution
- A batterer intervention program (mandatory for domestic battery probation)
- Anger management
- A restraining order
- Community service
- Loss of gun rights
If you have prior domestic violence convictions, you may face enhanced penalties, including a longer batterer’s intervention program, mandatory time in jail, and more restrictive probation terms.
243(e)(1) (PC) Vs. 243.5 (PC): What’s the Difference?
Domestic battery is generally considered less serious than corporal injury to a spouse or cohabitant, charged under 243.5 (PC). Whereas domestic battery involves any use of force against a victim (or even a threat of violence paired with emotional abuse), corporal injury to a spouse charges require the victim to suffer an injury. In cases involving a significant injury, the difference can be obvious, but for minor injuries, it may be minimal.
Both of these domestic violence charges may be filed as a misdemeanor in California, however, corporal injury to a spouse can be filed as a felony. If you are accused of corporal injury to a spouse, your lawyer may be able to have the allegations reduced to domestic battery allegations to ensure you face a misdemeanor.
How to Fight a Domestic Battery Charge
The best defense for your domestic battery case will vary based on your unique circumstances. When you first meet with your attorney, they can discuss your situation with you and evaluate the optimal course of action for your specific case. Generally speaking though, some of the most effective defenses for domestic battery include:
- Insufficient evidence
- False allegations
- Not having a relationship with the victim
- Self defense
- Accidental actions
Unfortunately, when attempting to defend yourself, it’s easy to accidentally say something to harm your case. For example, if you accuse the victim of lying, but witness statements back up their claims, it will only make you appear dishonest. Similarly, if you say you did attack them, but weren’t in a relationship with them, that could be considered a confession to assault or battery.
With this in mind, it is easy to see why you should never talk to the police or victim about a domestic battery allegation without your lawyer present.
Related Charges
If you are accused of this crime, you may be charged with other domestic violence offenses. Common charges filed alongside domestic battery include:
- Criminal threats
- Harassing or threatening phone calls
- Stalking
- Restraining order violations
- Vandalism
- Child abuse
Frequently Asked Questions
What’s the Difference Between Domestic Violence Vs. Domestic Battery?
Domestic battery is a type of domestic violence under California law, but it is not the only type of domestic violence. Domestic violence applies whenever someone threatens or harms an intimate partner in any way, whereas domestic battery must involve the use of force or violence.
Will I Go to Jail for a First Offense?
Not usually. Whether or not you will go to jail for a first offense of domestic battery depends on many factors, including the specifics of the situation, whether you have any prior charges on your criminal record, and the skills of your defense attorney.
Can Domestic Battery Charges Be Dropped in San Diego?
Yes, lawyer Peter M. Liss is often able to get the charges against his clients dropped after talking to the District Attorney. Whether he is successful depends on the specifics of the situation. If it seems like his client is actually the victim, subject to wrongful allegations, or was acting in self-defense, these may be grounds to have the charges dropped.
These charges are serious and require the help of a skilled domestic battery lawyer like attorney Peter M. Liss. If you have been accused of domestic battery in Vista or the rest of San Diego, please call (760) 643-4050.to schedule a free initial consultation.
