Posted on October 20, 2018

What is the Punishment for Domestic Battery? California PC 243(e)(1)

In California, domestic battery is charged under penal code 243(e)(1) pc making it unlawful to make physical contact of another in a rude or angry manner without their consent.[1] It is a domestic violence offense because the act must be committed against your roommate, spouse, family member, or relationship partner. Common examples of domestic battery include:

  • Striking your roommate in the face;
  • Pushing your father against the wall;
  • Grabbing your girlfriend’s arm tightly during a verbal argument.

Law enforcement are mandated to make an immediate arrest in domestic violence incidences. Unfortunately, a heated exchange with your spouse coupled with merely grabbing their arm will lead to your arrest, spending the night in jail, and having to post bail between $25,000 to $50,000.

Many cannot afford the consequences of having a domestic violence conviction on their permanent record. This charge could lead to job termination and the attachment of the social stigma of forever being labeled a domestic violence offender.

A conviction for PC 243(e)(1) is punishable by up to 1 year in the county jail and a maximum fine amount of $2,000. Ordinarily, the court will grant an offender probation in lieu of jail. Consequently, a conviction mandates 52 weeks-worth of domestic violence counseling. In addition, the court usually imposes community service, anger management, and imposes a protective order that bars all contact with the purported victim.

Domestic battery can carry life-changing consequences, especially for those who have children. A protective order can bar all contact not only with the alleged victim, but can also enforce no contact with the mutually shared children. Any violation could result in jail time and additional charges. Not to mention, it is not uncommon for child protective services to conduct an investigation concurrently with law enforcement. Furthermore, a conviction carries a 10 year firearm ban in California and perhaps in a life-time ban under federal law.

If you have been arrested or charged with domestic battery, then contact an experienced Orange County domestic violence attorney at the Law Offices of John D. Rogers for a free confidential consultation concerning your rights and defenses.[2]

Top 40 Under 40 Screen Shot 2018-01-07 at 10.24.20 AM Screen Shot 2017-12-17 at 11.40.30 AM

Related Offenses

 

 

Legal Footnotes:

[1] (e) (1) When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.

[2] Our Orange County domestic violence lawyers handle cases all Orange County localities including Irvine, Huntington Beach, Costa Mesa, Newport Beach, Laguna Beach, Dana Point, San Juan Capistrano, San Clemente, Mission Viejo, Rancho Santa Margarita, Seal Beach, Westminster, Fountain Valley, Garden Grove, Aliso Viejo, Tustin, Laguna Nigel, Anaheim, Yorba Linda, and Lake Forest.

Leave a Reply

Your email address will not be published. Required fields are marked *


*


nine − 6 =