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Domestic Battery (Penal Code § 243(e)(1))

Domestic Battery, under PC § 243(e)(1), is the unlawful use of force or violence upon an intimate partner, without causing significant injury. Specifically:

Elements:
- Willfully touching an intimate partner in a harmful or offensive manner.
- The touching does not require injury—any unwanted contact (e.g., pushing, grabbing, slapping) qualifies.
- The victim must be a current or former spouse, cohabitant, fiancé(e), dating partner, or parent of the defendant’s child.
Intimate Partner: Broadly defined to include relationships beyond marriage, such as ex-partners or casual dating (no minimum relationship duration).
Key Distinction: Unlike Corporal Injury (PC § 273.5), PC § 243(e)(1) does not require a visible or traumatic injury, making it a less severe charge but easier to prove.

Possible Penalties

Domestic Battery is a misdemeanor offense, with penalties including:

Jail Time: Up to 1 year in county jail.
Fines: Up to $2,000.
Probation: Informal (summary) probation, typically 3 years, in lieu of or alongside jail.
Domestic Violence Classes: Mandatory 52-week batterer’s intervention program (cost borne by defendant, ~$25-$50/week in LA).
Protective Order: Possible issuance of a restraining order (up to 10 years), restricting contact with the victim.
Collateral Consequences:
- Criminal record, impacting employment or housing.
- Loss of firearm rights for 10 years (PC § 29805).
- Immigration issues (deportability for non-citizens, as domestic violence is a “crime of moral turpitude”).
Enhancements:
- No specific enhancements apply directly, but priors within 7 years can trigger harsher penalties under PC § 243(e)(1).
- If combined with other charges (e.g., criminal threats, PC § 422), penalties stack.

Nuances

Low Threshold for “Force”: The statute requires minimal contact—spitting, shoving, or even aggressive poking can qualify if deemed offensive. This makes arrests common in heated disputes, even without bruises or marks.
He Said, She Said Cases: Often relies on victim testimony and officer observations (e.g., emotional distress, torn clothing). Lack of physical evidence can weaken or strengthen defense, depending on strategy.
Mandatory Arrest Policy: California’s domestic violence laws (PC § 836) require police to arrest if they find probable cause, even if the victim recants or no injury exists. This leads to frequent PC § 243(e)(1) charges in LA.
Prosecution Zeal: Los Angeles County prosecutors prioritize domestic violence cases, often filing charges even if the victim doesn’t cooperate, using 911 calls or police reports as evidence.
Diversion Options: Since Proposition 36 (2024), pre-plea diversion may be available for first-time offenders, allowing dismissal after completing classes, but eligibility is stricter with priors.
Relationship Dynamics: Cohabitant status doesn’t require romantic involvement (e.g., roommates with a child together qualify). Dating relationships are case-specific, hinging on frequency and intimacy.
No Injury Requirement: Unlike PC § 273.5, which needs a “traumatic condition” (e.g., bruise, swelling), PC § 243(e)(1) applies to any unwanted touch, broadening its scope but limiting severity.

Child Abuse (California Penal Code § 273d)

What Does §273d Prohibit?

“Child abuse” is a term that is used broadly in general conversation, but it also has a specific legal meaning in California. §273d prohibits willfully inflicting “cruel or inhuman” corporal punishment on a child. The same section makes it a crime to willfully inflict an injury that causes a “traumatic condition.” For purposes of this section, “child” may apply to any person under the age of 18.

Parents in California are legally permitted to use corporal punishment, such as spanking. However, excessive physical punishment is a serious crime. It may be difficult as a parent to understand exactly where that line is. Here are some examples of actions that may violate §273d.

Joe catches his young son playing with a lighter and, hoping to teach the child about the dangers of fire, burns the child’s hand with the flame.

Susan uses a paddle to spank her daughter for several minutes, leaving welts and bruises on the child’s skin.

Similarly, injury resulting in a traumatic condition is generally defined as any observable, substantial injury. Some examples of actions that may violate this provision include:

Jill becomes frustrated with a toddler she is babysitting for and shakes him hard, resulting in bruising in his brain.

Fred is angry that local children have continued to cut across his lawn on their way home from school and begins throwing rocks at them as they pass, hitting one child with a rock and leaving a bruised lump on his shoulder.

Note that the condition may be observable only by a medical professional, such as an internal injury.

What Does the Prosecution Have to Prove in a California Child Abuse Case?

§273d addresses two different circumstances. So, a prosecuting attorney can prove a child abuse case by proving each element in either set below.

Cruel or Inhuman Corporal Punishment

The act was willful
The victim was under the age of 18
The defendant imposed corporal punishment on the child
The punishment was unduly severe

Injury Resulting in a Traumatic Condition

The act was willful
The victim was under the age of 18
The defendant inflicted an injury on the child
The injury was observable and substantial

What are the Possible Penalties if Convicted of Child Abuse in California?

Child abuse under either definition above is a felony in California. The possible penalties include:

Incarceration of up to one year in county jail or up to six years in prison
A fine of up to $6,000

The conviction may have other direct consequences, including:

Probation, with a mandatory term of at least 36 months
A protective order for the victim, which may include limitations on contact and exclusion from the home
Mandatory participation in child abuser’s counseling
Random drug testing, if substance abuse was involved in the crime

There may also be serious indirect consequences, such as exclusion from certain career paths and social stigma.

What are the Defenses to a California Child Abuse Charge?

The best defense to a child abuse charge will depend on the circumstances surrounding the charge. So, the best way to get advice about your specific case is to speak to an experienced California child abuse lawyer. Some common defenses to child abuse charges include:

Arguing lack of intent

Ellie’s child has a spiral fracture in her arm, which is often caused by twisting of the arm. Ellie admits that the fracture was likely caused when she yanked the child by her arm, but argues that she did not intend to punish or injure her–rather, she was attempting to pull the child out of the path of a motorized scooter that was racing down the sidewalk toward her and accidentally injured her arm.

Arguing that the punishment was not cruel or inhuman

Frank spanks his child and the child complains to his teacher the next day. The teacher contacts authorities. Frank asserts his right to use corporal punishment and argues that the punishment was not excessive.

Asserting that the defendant did not commit the act

Bill is accused of whipping his daughter with a belt, breaking the skin. Bill asserts that he did not spank the child at all, and her injuries must have come from some other source.

Because the prosecution must prove each element of the crime beyond a reasonable doubt, uncertainty about any of these elements could result in acquittal. For example, if a jury is unsure whether Ellie yanked her child’s arm because she was angry that the child was running ahead or because she was trying to protect her, they are required to find her not guilty.

Next Steps if You’ve Been Charged with Child Abuse
Child abuse charges are serious, and honest mistakes that can hurt your case and put your future–and your relationship with your children–at risk. If you’ve been accused of child abuse in Southern California, talk with an experienced criminal defense attorney right away. You can schedule a consultation right now by calling (888) 579-4844 or submitting your information to us electronically.

Corporal Injury on a Spouse or Cohabitant (Penal Code § 273.5)

Is California Penal Code §273.5 – Spousal Abuse A Misdemeanor Or Felony?

PC 273.5 defines Spousal or Cohabitant Abuse as willfully inflicting corporal injury resulting in a traumatic condition upon another who qualifies as one or more of the following:

Your spouse or former spouse
Your cohabitant or former cohabitant
Your fiancé or fiancée
A person with whom you previously had engagement to or dated

Spousal Abuse is considered a “wobbler” offense, meaning this domestic violence offense can be charged as either a felony or misdemeanor. Aggravating factors influencing a felony or misdemeanor charge level include your prior criminal record of violence and the seriousness of the injuries sustained by your alleged victim. In Los Angeles, cooperation, or lack thereof, from the victim has no influence on domestic violence charge levels, however, while the lack of cooperation from the victim does not guarantee the dismissal of your Spousal Abuse charges, the absence of victim testimony can significantly weaken the prosecution’s case against you.

Spousal Abuse Penalties In Los Angeles

Criminal sentences for Spousal Abuse and other Domestic Violence convictions can vary depending on whether you have been convicted of a felony or misdemeanor. You face the following if convicted of Felony Spousal Abuse:

Up to 4 years imprisonment in California State Prison
Formal (supervised) probation
Up to $6,000 fine, penalty assessments, and restitution
Mandatory completion of a court approved 52 week batterer’s program
Restraining order
Deportation or disqualification from citizenship or permanent residency
Revocation of state or professional licensing
Lifetime firearms ban

For Misdemeanor Spousal Abuse:

Up to 1 year in LA County Jail
Up to $2,000 fine, penalty assessments, and restitution
Mandatory completion of a court approved 52 week batterer’s program
Restraining Order
Deportation or disqualification from citizenship or permanent residency
Revocation of state or professional licensing
10 year firearms ban

How Spousal Abuse/Corporeal Injury to a Spouse (PC 243.5) differs from Domestic Battery (PC 243e1)

California Penal Code 243e1 defines domestic battery as the use of violence or force against an intimate partner. This can include a cohabitant, the other parent of your child, or a current or former spouse, partner, fiancé, or fiancée.

Depending on the severity of the crime, this charge can result in a misdemeanor or felony in the state of California. Consequences of a conviction can include probation, fines, court-ordered domestic battery classes, and up to 1 year in a county jail.

Domestic battery charges do not require visible injuries to be present and simply requires there to be any form of physical contact.

In contrast, spousal abuse/corporeal injury to a spouse charges (defined by PC 243.5) require a victim to suffer some sort of physical injury. This charge is considered a wobbler, meaning prosecutors can file it as either a felony or a misdemeanor. While misdemeanor convictions can result in fines or up to 1 year in a county jail, felony convictions can result in up to 5 years in a state prison and a fine of up to $10,000.

Former Sr. Prosecutors Now Los Angeles Spousal Abuse Defense Lawyers

There are over 150,000 domestic violence (DV) calls in California each year and one of the most common DV crimes reported is Spousal Abuse. Also referred to as Cohabitant Abuse, this domestic violence crime results in over 45,000 arrests annually. The police and prosecutors are aggressive in arresting and prosecuting people suspected of domestic violence and the mandatory penalties if convicted are significant. Spousal Abuse and other domestic violence crimes involve physical and/or verbal abuse against members of a household or against former members of a household. For example saying, “I’ll kill you!” is considered a DV related act which could result in you being charged with “Criminal or Terrorist Threats,” a felony violation of §422 of the California Penal Code. Los Angeles Domestic Violence attorney Stephen Sitkoff has practiced criminal law for over 39 years as a former senior prosecutor.

If you have been arrested or believe you may be a suspect in a spousal abuse or any other domestic violence related investigation, contact us now at (888) 579-4844 for a free case review.

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