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If you or a loved on has been accused of this crime the ramifications can be serious.  As a former probation officer and deputy district attorney with more than 15 years of experience representing people accused of crimes I can help you through this.  

 

WHAT IS A BATTERY CRIME?

California law defines battery as any willful and unlawful use of force or violence upon the person of another.  The crime of battery upon a spuse is a different crime and has even more specific ramifications under Penal Code section 243 (e) 1

WHO IS A VICTIM OF DOMESTIC SPOUSAL BATTERY

A current spouse 

a person with whom the defendant is cohabilitation with

A person that is the parent of the defendants child

A former spouse

A fiance

A person with whom the defendant currently has, or has previously had a dating or engagement relationship with

WHAT MUST THE PROSECUTOR PROVE FOR ME TO BE CONVICTED OF SPOUSAL BATTERY 243 E 1

In order for you to be convicted of this crime the following the prosecution must prove the following elements

1. That you willfully and unawfully touched the alleged victim in a harmful or offensive way

And

2. The alleged victim is your current or former spouse your current or former cohibitant your current or former fiance, or someoene you are having a dating relationship.  or someoene you have a child with.

WHAT DOES WILLFULLY MEAN?

Willfully to acti willfully means that you committed the violent act upon someoen on purpose and not by reason of mistake or accident.

COHABITANT

Is an unrelated person to you for a substantial period of time.  The following factors apply as to wether there is a cohabitant relationship.

whether there was a sexual relationhsip

whether there was shared income or expenses

whether you consider yourselves spouses or romantic partners or 

the length or continuity of the relationship. 

SENTENCING AND PUNISHMENT FOR SPOUSAL BATTERY CHARGES - CALIFORNIA PENAL CODE 243E 1

If you are convicted of charges you can recive 364 days in jail and face a fine of up to $2,000.00

you must participate in a batterers treatment program

and may lose your rights to buy a firearm for life under federal law. 

WHAT ARE SOME OF THE DEFENSES TO THIS CRIME?

SELF DEFENSE- if you are protecting yourself or someone els than this may be a defense to the crime.

FALSE ALLEGATION- if you did not willfully or unlawfully touch another person in a harmful or offensive nature than that is a defense to this charge.   

INSUFFICIENT EVIDENCE- If there is insufficient evidence to convict you of the crime beyond all reasonable doubt than this is a defense  to the crime of spousal battery.  If ther is no physical evidence of the harmful or offensive touching ever happening than this is a defense to the crime.  Many times proseuctors will be looking for specfiic things to help them in prosecuting these types of cases. 

Are there physical injuries is there picutures of the injuries? is there independent witnesses to the alllged act

is there a taped statement from the alleged victim did the alleged victim make a statement on police body cams that may be used a evidence. 

 

These are all the questions that a prosecutor will be looking into to determine if they will prosecute or turn down the case or refer the case for further evidence.  

These cases can be complex and confusing and these are only part of the issues you will be dealing with in a case like this it is imperative to call an experienced Attorney as soon as possible so that you can get solid legal advice give us a call 559-441-1418

 

 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418 
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