Experienced Domestic Battery Defense Attorneys Serving San Diego And Beyond
Last updated on April 14, 2025
Domestic violence charges like to travel in groups, which is unfortunate for the accused. They could be on the wrong end of multiple criminal charges once the dust settles in the prosecutor’s office. One of the most common accompanying charges is a battery.
A battery conviction in California can result in harsh fines, jail time and a criminal record. The consequences of having a violent offense on your record can follow you for the rest of your life. It could limit your freedoms and opportunities, and diminish your standing in the community. It is crucial to have a strong defense against all the charges you face.
At Premier Domestic Violence Law Group, based in San Diego, we offer an experienced defense team led by a former criminal prosecutor. You can rely on us to handle all your charges and work toward limiting your criminal penalties and collateral consequences.
Contact Premier Domestic Violence Law Group at 619-752-3702. Our firm has proven results forged by experience.
What Is Domestic Battery?
In the context of a domestic dispute, a good example of battery would be someone throwing a phone or other household object at a spouse during an argument. This could result in charges of battery in addition to domestic violence, increasing the potential fines, jail time and other penalties the accused faces.
Simple actions that happen in homes across the nation every day can result in battery charges once officers arrive on the scene as a result of a domestic dispute. We will work to proactively create a mitigation packet that tells your side of the story and shows how seriously you are taking the situation. In some cases, we are able to head off charges entirely or get charges dismissed before a trial becomes necessary.
It is important to note that the severity of injuries can influence the potential sentencing. For example, if a person suffers serious bodily injury, then the sentence could be a term in prison of up to four years, which is governed by subdivision (h) of section 1170. It could also lead to a term of up to a year in county jail. So, not all cases have the same ramifications, depending on the type of violence that occurred, the severity of the injuries that were suffered and other factors.
For domestic battery cases specifically, the victim needs to be someone who is close to the alleged abuser. They could be a spouse, a child, a former spouse, a fiancé or just someone else who is cohabiting in the home or apartment. They may have previously been dating or engaged, so there is an existing relationship between the two individuals. This makes it different from other serious battery cases where the victim may have been previously unknown to the other party.
Domestic Battery Vs. Corporal Injury
In some cases, domestic battery may not lead to severe injuries. When it does cause a corporal injury and a traumatic condition, though, California Penal Code § 273.5 notes that a person could be guilty of a felony. This could lead to a fine of up to $6,000 and up to four years in prison.
So, what is a traumatic injury? There are a wide variety of potential examples, such as injuries from suffocation or strangulation. This also includes general wounds or internal and external injuries that a person suffers. These could include broken bones, internal bleeding, traumatic brain injuries, spinal cord injuries and more.
In other words, there must be a verifiable injury that can be treated by a medical professional. Simply shoving a spouse during an argument may be an example of domestic battery, even if it doesn’t leave a mark. But shoving someone hard enough to break their arm means that they have suffered a corporal injury. This can make the charges more serious, which is why it’s important to work with an experienced law firm.
Domestic Violence Battery PC 243(e)
Section 243(e) of the Penal Code covers Battery of Cohabitant or Spouse and is extremely similar to Penal Code Section 273.5 (Corporal Injury on a Spouse or Cohabitant). The main difference is that this is not a “wobbler” like 273.5; the prosecution may only pursue section 243(e) as a misdemeanor charge. It does not take much – often a single push or shove during an argument – to warrant these charges, an unfortunate symptom of the hyper-focus on arrests and prosecutions in our criminal justice system.
Talk To A Domestic Battery Lawyer Today
If you face charges under Penal Code section 243(e) or 273.5, do not make the mistake of assuming it will work itself out. Your innocence is not enough; you need the help of an experienced defense attorney. Be proactive and contact Premier Domestic Violence Law Group today for a free consultation with a proven advocate. Your rights and reputation are too important to wait another day. Call 619-752-3702 or send us an email to schedule your appointment.
