What are the Legal Defenses to California Domestic Battery? PC 243(e)(1)

January 22, 2023

California Penal Code 243(e)(1) defines domestic battery as any willful and unlawful use of force or violence upon a person with whom the perpetrator has a specific relationship, such as a current or former spouse, cohabitant, or parent of their child. If you are charged with domestic battery under this code, it is important to understand the legal defenses that may be available to you.

Self-Defense

One of the most common defenses to domestic battery is self-defense. If you can show that you acted in self-defense, you may be able to avoid conviction. To claim self-defense, you must be able to show that you reasonably believed that you were in imminent danger of suffering bodily harm and that the use of force was necessary to protect yourself.

Accidental

Another defense to domestic battery is that the use of force was accidental. If you can show that the alleged domestic battery was a result of an accident, you may be able to avoid conviction. It is important to note that this defense is difficult to prove and requires a thorough investigation of the incident.

False Accusation

Another defense to domestic battery is that the accusation is false. If the alleged victim fabricated the domestic battery, you may be able to prove your innocence. However, it is important to note that this defense is also difficult to prove, and requires a thorough investigation of the incident.

Lack of Willfulness

To be convicted of domestic battery under Penal Code 243(e)(1), the prosecution must prove that the use of force was willful. If you can show that the use of force was not willful, you may be able to avoid conviction.

Contact Us for Help in Southern California

If you are facing charges of domestic battery, it is essential to consult with a criminal defense attorney who has experience in handling these types of cases. A criminal defense attorney will be able to advise you on the best defense to use in your particular case and will help you navigate the criminal justice system.

If you’re being accused of domestic battery under PC 243(e)(1), then call the Law Offices of John D. Rogers today. Contact us to schedule a free confidential consultation to discuss your options. Attorney John D. Rogers is a board-certified criminal law specialist by the State Bar of California. He routinely represents clients charged with domestic violence throughout southern California.  

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