Contact a California Battery on Spouse Attorney
In case you've been arrested for corporal injury on a spouse under the California law, it is important that you talk to a lawyer immediately. Having a criminal defense attorney on your side is vital since he/she will be able to advocate for your rights. All you need to do is avail all the necessary facts about the incident to your attorney so that they may in a position to establish defenses against your case. The attorney will also guide you through the entire process and ensure that you comprehend all aspects related to your case.
At Long Beach Criminal Defense Attorneys, we understand that most of the cases arising from these incidents may be as a result of a minor accident. For instance, in the event that there was mutual combat an occurrence involving two parties fighting each other could result. This is one of the main reasons we take our clients cases seriously and ensure that they get a fair judgment. We are a dedicated law firm that works to ensure that our clients do not face the charges and serious penalties on their own. In case you have been charged with battery on a spouse do not hesitate to visit The Law Offices of Long Beach Criminal Attorneys. You can as well call us at +888-888-8888 and speak to one of our experienced Criminal Defense attorneys about your case. We offer free, confidential consultation and serve in the greater Long Beach area.
Prosecution of Battery on a Spouse Charges
When you are convicted of battery on a spouse, you will receive misdemeanor charges. This means that you may end up serving a county jail time of between one (1) to four (4) years or face a court fine of not less than $2,000. Additionally, you may also be required to serve a probation as highlighted in the statute or even be ordered to attend a counseling program. Basing on this possible outcome, it is, therefore, crucial for enough evidence to be provided in order for one to be declared guilty of violating Penal Code 243 (e) (1) of the California laws. In this case, the prosecutor must beyond reasonable doubt demonstrate to the jury that:
- The act was not in self-defense as it may be claimed by the defendant
- There was actually unlawful and purposeful contact exhibited by the defendant which eventually led to injuries suffered by the alleged victim
- The alleged casualty is a spouse, was an ex- spouse, or cohabitant
Understanding the Elements of Corporal Injury on a Spouse
The act was committed willfully
This term implies that the crime committed was intentional or purposeful. This, therefore, means that you must have had the intention to breach the law, cause pain to another person or get any kind of benefit from your action. For instance, light touching can constitute to battery, in the event that it was done in an offensive conduct or originates out of a discourteous desire or irritation. Illegal touching can occur in three forms;
- Defendant using an object to make an offensive or harmful contact
- As direct body to body contact
- Defendant uses another person carry out the physical contact
These are two individuals who are not related in any way but are staying together for a given period of time. In establishing who qualifies to be a cohabitant is, the following aspects are considered;
- You are actually sharing income and the responsibility for household expenses
- Length of the relationship
- Fidelity of the relationship
- Living together and having sexual relations
- Property utilization or possession by both parties
- A couple gives the notion that they are husband and wife or domestic partners.
Also, one can be a cohabitant in more than one household depending on the amount of time spent by each of the individuals who they have an unremitting relationship with.
According to Penal Code 243 (e)(1) dating relation implies the consistent, intimate relations including sexual participation of the parties and not reliant on financial support.
Potential Penalties You May Face If You Are Convicted Under Penal Code 243 (e) (1)
In case you are convicted of Battery on a Spouse under the California Penal code 243 (e) (1), it is clear that you may end up;
- Serving a county jail time of about 1 year or 364 days
- A court fine of up to $2,000
- Court grants you probation
- Payments to a casualty’s shelter of up to $5,000
- If granted probation by the court, it is a requirement to take part in a batterer’s treatment program for not less than 1 year.
Potential Defenses to Charges of Battery on a Spouse
When charged with PC 243 (e) (1), you will need an experienced criminal defense attorney who will be able to raise the following defenses against your case. These defenses include;
If you did not illegally or willfully touch the alleged casualty in an offensive or detrimental manner, you will not be found guilty of this crime. However, the alleged victim may plot to overstate the facts of the occurrence against you. If this is the case, your legal representative has the ability to challenge the integrity of the allege casualty’s or testimonies from witnesses involved in your case. This may also involve looking at the life of the accuser whether they are known to lie frequently.
If you reasonably believe that you were under a threat and therefore acted to the danger in self-defense, or even protecting another person, then that can be used as a defense. However, this defense is applicable in the event that you have substantial evidence to support it. The evidence must demonstrate that you actually felt threatened and that necessitated your response. Additionally, the defense will be applicable if you only used the level of force that would have been appropriate for the given situation. The evidence can be in document form, taking photos of the bruise, cuts, or marks you sustained during the occurrence. It is, therefore, significant to note that, regardless of the body size of the parties, the law provides for the right of self-defense to any person who believes they are exposed to danger.
You should not be convicted of battery on a spouse if the entire occurrence was an accident and not intentional. With the help of your attorney, you should be able to prove that the accusations presented against you, were not in any way purposeful.
With prove that the plaintiff was not purposefully exposed to distressing condition, your attorney will then use this defense to question allegations made by the claimant against you. This is because our California law primarily requires the plaintiff to have suffered a traumatic condition as a result of your actions. You will not be found guilty of this crime only if your attorney can demonstrate that a reasonable person would not be put in a traumatic condition if exposed to a similar incident.
For you to be charged with battery or corporal injury on a spouse according to the California law, it is a requirement that detrimental or illegal physical contact with the alleged casualty must have taken place during the incident. If there is no evidence supporting these allegations, your attorney will, therefore, be in a capacity to challenge the authority of the assertions towards you. In addition, your attorney may be able to work with you in collecting the necessary evidence that can be used to prove your innocence.
Instances When the Witnesses Are Reluctant
In some cases, the accuser may declare that he/she doesn’t want to press charges. However, the prosecutor may proceed with the charges anyway. The progress usually results from the belief that the alleged victim is dropping the charges because the defendant has either threatened or coerced or emotionally manipulated the victim.
Another common issue with domestic abuse cases involves the alleged victim refusing to testify at trial. In such instances, the prosecutor may therefore excessive his/her subpoena power which makes it possible for the accuser to testify whether or not they want to. In extreme cases, the judge can issue a bench warrant if the accuser still fails to appear.
If the accuser fails to show up or cannot be brought to court, then it can be difficult for the prosecutor to continue with the case. Additionally, the out-of-court statements will not be useful. This can serve in favor of the defendant, since the prosecutor may be forced to offer a more generous plea, reduce the charges, or dismiss the case.
How the Long Beach Criminal Defense Law Firm can Assist You
It could be that you are questioning how our Long Beach criminal defense attorneys can help you or what they will you do to ensure that you succeed in fighting for your rights. Our criminal defense lawyers have the necessary skills required in handling all manner of criminal offenses. We believe the foundation of a successful advocacy for your rights starts the very moment police arrive at the scene of the alleged incident. Contacting an attorney at this time will enable them to also carry out their investigation and come up with solid evidence related to your case. Long Beach Criminal Defense Attorneys scrupulously examine the intensity of the case placed against out and single out any weakness. Furthermore, they alleviate all aspects associated with the alleged casualty or your history.
Basing on previous experiences, we fully understand that not all cases of this nature involve individuals of apparent bad character and casualty. Our attorneys have help clients fight for their rights even in incidents where the alleged casualty had tried to make false allegations of battery. We also understand that these accusations may originate out of mutual combat between the two parties or even the defendant‘s actions during the incident may have been in self-defense.
Due to the serious penalties faced by anyone who is convicted of battery or corporal injury on a spouse, it is significant to have an attorney on your side. If you are facing (PC 243) (e) (1) charges, contact Long Beach Criminal Defense Attorneys. You can call us at (562) 308-7807 and schedule a free confidential consultation regarding your defenses and legal rights. You can as well visit The Law Offices of Long Beach Criminal Attorneys located in Long Beach, CA. We understand your situation and are always available to offer the best legal representation that you need.