California law defines domestic violence as any form of abuse committed against an intimate partner. Domestic battery under PC 243(e) is one of the most commonly charged domestic violence offenses. A violation of this statute involves battery against a domestic partner, spouse, or cohabitant.

Before you are convicted of this offense, the prosecution must prove all the elements of your crime. Spousal battery is a misdemeanor punishable by jail time, fines, and probation after a conviction. If you are an immigrant in the United States, a conviction for this offense can result in severe immigration consequences, including deportation and inadmissibility.

Hiring and retaining a competent defense attorney will go a long way when you face charges under PC 243(e). Your attorney will help you build a solid defense and secure a favorable outcome in your case.

An Overview of California Domestic Battery

California has strict domestic violence laws. Since most domestic violence crimes are committed against vulnerable groups in society, the courts are aggressive in prosecuting and punishing domestic battery offenders. You can be arrested and charged with domestic battery under PC 243(e) when you offensively touch an intimate partner.

Before you face a conviction under this statute, the prosecution must prove the following elements beyond a reasonable doubt:

You Touched Another Person

The first element that the prosecution must prove is that you touched another person. Touching someone means that there was contact between you and the alleged victim. The type of contact addressed under this statute could range from minor touching to punching or kicking. You can still be charged with domestic battery when your contact with the alleged victim is done indirectly.

The Contact was Harmful and Offensive

Contact with another person is considered offensive if it causes the alleged victim to feel uncomfortable. Under California PC 243(e), contact does not need to cause injury. This means that if you touch the alleged victim with another item, you can still be found guilty of battery.

The Touch was Willful and Unlawful

Willful means that your contact with the victim was intentional. Even when your actions were not meant to break the law or be offensive, you can still be found guilty of domestic battery.

The Victim of Your Actions is an Intimate Partner

The final element that the prosecution must prove beyond a reasonable doubt to establish your liability under PC 243(e) is that you offensively touched an intimate partner. An intimate partner, in this case, could be any of the following individuals:

  • A husband or wife
  • A person to whom you are engaged
  • The other parent of your minor child
  • A person you are dating or have been in an intimate relationship with

You could also be found guilty of domestic battery for the offensive touching of a cohabitant. California law defines cohabitants as two unrelated individuals living together for a substantial period of time. Some of the factors that could help the court determine whether the alleged victim is your cohabitant include:

  • Sharing the same residence
  • Your sexual relationship
  • Whether or not you share income
  • Joint property ownership

Penalties for Violating Penal Code 243(e)

Domestic battery is a misdemeanor. A conviction for the offense will result in the following legal penalties:

  • A jail sentence of up to one year
  • Fines that do not exceed $2,000
  • Misdemeanor probation

Probation for Domestic Battery

The three main sentencing options for defendants facing convictions in California are incarceration, fines, and probation. When you face a conviction for domestic battery, the court may impose probation as part of your sentence. Under California law, probation is imposed instead of jail time.

Probation allows you to serve a part of your jail or prison sentence on community service. It protects the public from criminal acts, rehabilitates the offender, and restores the victims.

Not all defendants who face a conviction for violating PC 243(e) will be sentenced to probation. Instead, you must negotiate with the prosecution for this sentence. Domestic battery is a misdemeanor. Therefore, you will be sentenced to summary probation for up to three years.

When sentencing you to probation for domestic violence, the judge can attach the following conditions:

  • Attend counseling
  • Participate in community service.
  • Complete a batterers program for 52 weeks.
  • Serve your jail sentence.
  • Pay court fines.
  • Pay victim restitution.

Although summary probation does not include strict supervision, you must follow the set conditions within the set deadlines. Additionally, you must report your progress to the court.

If you violate one or more probation terms, you can face an arrest and probation violation charges. The court will hold your probation violation hearing after the violation reports have been made. At this hearing, you will have the opportunity to defend against the allegations.

If you are found to have committed the alleged violations, the judge could:

  • Revoke your probation and reinstate the original jail sentence.
  • Revoke your probation and impose the maximum sentence for your offense.
  • Reinstate your probation with harsher conditions.

Domestic Violence Restraining Order (DVRO)

If you are convicted of violating PC 243(e)(1), the court may issue a domestic violence restraining order against you. The DVRO requires you to refrain from harming, threatening, or harassing a victim of your domestic battery crime. If you engage in any form of contact with the victim while the order is in place, you could be arrested and charged with violation of a restraining order.

Violation of a domestic violence restraining order is a misdemeanor charge under California Penal Code 273.6. A conviction for the offense is punishable by a year in jail and fines not exceeding $1,000.

Consequences of a PC 243(e) for Non-Citizens

Spending time behind bars is the most dreaded consequence of a conviction for domestic battery by US citizens. However, as an immigrant, there is an added risk to your immigration status after a conviction. Domestic violence is a deportable crime. Therefore, a conviction under this statute could result in forceful removal from the country or inadmissibility in the United States.

Effects on Your Gun Rights

A conviction for domestic battery could have a negative impact on your gun rights. A conviction under PC 243(e) will result in a loss of your gun rights for up to ten years. This means that, after your conviction, you must surrender your firearms to the law enforcement department. With a firearm ban, you cannot own, purchase, or use a firearm.

Collateral Consequences of a PC 243(e) Conviction

The domestic battery conviction will enter your criminal record after serving your jail time and paying your fines. In California, criminal convictions are public records. This means that when a potential employer or professional licensing board performs a background check on you, they can find the conviction and use it against you. Common collateral consequences of a domestic battery conviction include:

Difficulty Obtaining Employment

You may find it challenging to find a good job with a domestic battery conviction on your record. Although domestic battery is a misdemeanor, employers could use it as a basis to deny you the job opportunity. If you already have a job, you can lose it after a conviction.

Loss of a Professional License

As a professional license holder, your licensing board requires you to report any arrests and convictions. Even when you violate the self-reporting laws, the board will be notified of the conviction. The board will hold an administrative hearing. The outcome of your administrative hearing is disciplinary action, including a suspension or revocation of your professional license.

Loss of Child Custody and Visitation Rights

If you are in a divorce or child custody battle, the family court will perform a background check on you. The court may deem your home unsafe for the child if the domestic battery conviction comes up. This could result in the loss of your custody or visitation rights.

Ruined Reputation

A conviction for domestic battery could ruin your reputation. This affects how society views you and could cause stigma.

Legal Defense Against Domestic Battery Charges

A conviction for domestic battery can have a devastating impact on your life. Long after serving your sentence and paying your fines, the conviction will remain on your record and impact your personal and professional lives. Therefore, you must be aggressive to fight the charges and avoid a conviction.

With the guidance of an experienced defense attorney, you can present the following defenses to your case:

Self Defense

You will be charged and convicted of domestic battery for touching an intimate partner offensively. You can avoid a conviction by arguing that your contact with the alleged victim was in self-defense. Your self-defense argument will work for your case if you can prove that:

  • You believed that you were in imminent danger.
  • You believed your reaction was necessary to protect yourself from the dangerous situation.
  • You used appropriate force for defense and not to harm the alleged victim.

Your Actions Were Not Willful

You can only be found guilty of domestic battery if you touched the alleged victim willfully. This means that your actions were deliberate. You can beat your charges by arguing that your contact with the victim was accidental and not deliberate.

False Allegations

Many domestic violence cases are built on false allegations. There are several reasons why a person can falsely accuse you of a serious crime like domestic battery, including a mistake of fact, anger, jealousy, and revenge.

Different emotional situations can occur among intimate partners, and this can cause you to be unjustly accused of a crime. Another instance that results in false allegations is in the middle of divorce and child custody battles. California family court is strict when issuing child custody. A domestic battery conviction can impact the outcome of your custody case.

If you are falsely accused of violating PC 243(e), your attorney can help you uncover the false allegations and avoid a conviction.

Expunging a Domestic Battery Conviction

The consequences of a conviction for domestic battery go beyond incarceration and fines. A conviction under this statute enters your criminal record and can affect your ability to obtain and hold a job. Additionally, your conviction can ruin your reputation and cause social stigma. You can avoid the collateral consequences of your conviction through an expungement.

An expungement is a post-conviction relief that allows you to move past your conviction and its impact on your life. Through an expungement under Penal Code 1203.4, the court withdraws your guilty-to-no-contest plea and exchanges it with a not-guilty plea before dismissing your case.

You will be eligible to expunge your conviction if you meet the following criteria:

  • You have completed your probation. A probation sentence is typical after a conviction for domestic battery. You must have completed your entire probationary term before petitioning the court to expunge your conviction. Additionally, you must have followed through with all the probation conditions.
  • You are not serving a sentence for another offense. A common condition of probation is that you should avoid committing other crimes. Therefore, your record cannot be expunged if you face criminal charges or a conviction for another offense.

You will expunge your domestic battery conviction by gathering the proper documents and filing a petition with the court. If the judge grants your petition, you can answer no about your convictions. Employers cannot use an expunged conviction to deny you a job opportunity.

Find a Skilled Criminal Defense Attorney Near Me

You can be arrested and charged with domestic battery when you use force or violence against a domestic partner or cohabitant. The stakes are high for defendants facing charges under this statute. This is because the consequences of a conviction will continue to impact your life long after you have been released from jail and paid your fines.

A domestic battery conviction enters your criminal record, where it is accessible by individuals who perform a background check. This can affect your employment prospects and ruin your reputation. Fortunately, all arrests under this statute do not end in a conviction. With the insight of a reliable defense attorney, you can fight the charges to avoid a conviction.

At Foos Gavin Law Firm, we offer expert legal insight for defendants facing domestic violence charges in Sacramento, CA. Call us at 916-779-3500 to discuss the details of your case.