Ca “Domestic Battery” Law Penal Code 243(e)(1) PC
The charge of “domestic battery” is one of the more common domestic violence charges.
What is Penal Code 243?
California’s domestic battery law, Penal Code 243(e)(1) is any willful and unlawful touching that is harmful or offensive—and is committed against the defendant’s spouse or former spouse, the defendant’s cohabitant or former cohabitant, the defendant’s fiancé(e) or former fiancé(e), a person with whom the defendant has or used to have a dating relationship, or the father or mother of the defendant’s child.
What is there is no injuries?
A defendant can be arrested and convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured. All that’s required is that the defendant use “force” or “violence”.
What is the difference between Domestic Violence and Domestic Battery?
PC 273.5 Domestic Violence charge which requires that the victim suffer some form of physical injury. Domestic violence is also commonly referred to as domestic abuse, spousal abuse or spousal battery. “Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury. “Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has a dating or engagement relationship.
PC 243 Domestic Battery which is corporal injury on a spouse, cohabitant, or parent not requiring physical injury.
What are the unintended consequences that come with a domestic violence conviction?
Although PC 243 is a misdemeanor it is still crime that will go on your record and can cause you to loose your license if you are a doctor, realtor, lawyer bail bonds etc because it is considered a crime of moral turpitude. If you have been arrested for any form of domestic violence you should post a bail bond immediately and find a good criminal defense attorney to help you with your case.
What should I do if arrested for DV?
The first thing you should do is post a bail bond immediately. This will allow you to meet with your attorney or interview attorney’s. Your attorney can be proactive in trying to get the district attorney to not file charges. Sometimes PC243 arrests have nothing more than a he said she said and the police arrest a person because they have liability if someone later gets hurt and yet there is not enough evidence to file and win a case. This is when a good attorney maybe able to convince the DA’s office that the case is too weak to file.
Why should a bail bond be posted immediately when arrested for domestic battery or violence?
It is important to remember that all jail phone calls are recorded. This means you have no privacy to discuss what just occurred. You cannot interview attorney’s nor have a lengthy comfortable private meeting with your attorney to discuss your defense.
Can Domestic Battery PC 243 be increased to Domestic Violence PC 273.5?
Yes, and this is another reason to post a bail bond immediately. You are arrested for Domestic Battery with no signs of injury. Later bruising shows up and if reported it can give the district attorney the reason to argue the charge should be increased or the defendant should be charged with domestic violence a greater charge which can also be charged as a felony.
What is the bond amount for Domestic Violence or Domestic Battery?
Domestic Battery is generally charged as a misdemeanor whereas Domestic Violence can be a misdemeanor or a felony. Bail bond amounts generally go from $20,000 to $100,000. The majority of PC 243 bonds are up to $20,000 and the majority of PC 273.5 bonds are $50,000.
If you need help with a domestic violence or battery bail bond please call me for a complete explanation of the process and options. Payments plans available.
Chad Conley Owner of Chad Conley Bail Bonds 855-223-2423