Even if the victim doesn’t suffer an injury, a person may be charged with this crime.
In California, the term “domestic violence” is used to cover a wide range of crimes. Generally, these offenses all involve either harming or threatening to harm an intimate partner. One example of such a crime is domestic battery.
According to a domestic violence defense lawyer in Orange County, CA, California defines domestic battery as any willful and unlawful touching of a current or former spouse, cohabitant, fiancée, dating partner, or co-parent. To prove this crime, a prosecutor must demonstrate three elements:
- The defendant willfully touched another person;
- That touching was harmful or offensive; and
- The person who was touched is a current or former intimate partner.
Under California criminal law, willfully means that you acted on purpose or willingly. You do not need to have a criminal intent or an intent to hurt someone in order to act willfully. A harmful or offensive touching does not require that the other person was physically harmed. According to California’s criminal jury instructions, the slightest touch can be enough to commit this crime if it is done in a way that is rude or angry.
For example, if you get into a fight with your significant other, and as you storm out of the room, you push past them in anger, and bump into them as you go. Even if your partner wasn’t hurt in any way, if you purposefully bumped into them and did it in an angry way, you could be charged with domestic battery.
Importantly, domestic battery can only be charged if it is committed against a current or former intimate partner. If you commit the same crime against a person who is not a former or current intimate partner — such as a friend — then it will not be charged as domestic battery. Instead, it may be charged as simple battery. This is a critical distinction because a conviction for domestic violence carries with it a range of additional consequences, such as the loss of gun rights. A skilled domestic violence defense lawyer in Orange County, CA may be able to have the charge changed by demonstrating that the person that you allegedly touched was not a former or current intimate partner.
Domestic battery is a misdemeanor office. If you are convicted of this crime, then you may be sentenced to up to 1 year in county jail, a fine of up to $2,000, and/or misdemeanor probation. As part of probation, you may be required to participate in a batters’ intervention program, donate up to $5,000 to a nonprofit that supports victims of domestic violence, and/or pay for any expenses that the victim incurred as a result of the crime. Notably, many counties in California impose a minimum 30 day jail term for any domestic violence conviction.
Although domestic battery is a misdemeanor, there are many other consequences that may be attached to a conviction for this crime, including deportation if you are an immigrant. That is why it is vital to work with a seasoned domestic violence defense lawyer in Orange County, CA.
The Chambers Law Firm represents Californians who have been charged with a range of crimes, including domestic battery. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a member of our team.
