What is Simple Battery in California?

Riverside Simple Battery Attorney

Domestic violence is a serious crime, and very little evidence is needed to charge someone with the offense. In California, all that is needed for officers to place a person into custody is a statement from the alleged victim and a small amount of corroborating evidence. This means a spouse may call the police if you two were involved in an altercation and you made the threat to “beat them up” or pushed them out of your way. Under California Penal Code Section 243(e)(1), you may be charged with domestic battery and face serious penalties.

Domestic violence can be charged against someone no matter how small the injury may be. If a spouse, significant other, or any person you’ve had a dating or sexual relationship with comes forward and states that you physically touched or struck them, you may be facing domestic violence charges. Domestic battery is legally distinct from domestic assault: battery (Penal Code 242) requires actual unlawful physical contact or use of force against another person, however slight, while assault (Penal Code 240) involves an attempt or threat, coupled with the present ability, to commit a violent injury. No physical contact is required. It is imperative that you work with an attorney after an arrest, because these charges are not simply dropped or dismissed. You will need a highly experienced Riverside domestic violence attorney on your side.

Penalties for Simple Domestic Battery

A conviction under Penal Code 243(e)(1) is a misdemeanor punishable by a fine of up to $2,000, up to one year in county jail, or both. If the court grants probation, California law (Penal Code 1203.097) requires a minimum probation term of three years and mandates completion of a batterer’s intervention program lasting no less than 52 weeks, with weekly two-hour sessions, generally completed within 18 months. Courts may also impose a criminal protective order, victim restitution, and community service. A second conviction carries a mandatory minimum of 48 hours in jail. You can review the full text of the statute directly on the California Legislature’s official website: Penal Code Section 243.

Working with The Law Offices of Ty Martinez

Simple battery convictions often require a mandated batterer’s treatment program which can last at least 52 weeks, with meetings occurring once a week, each week. Some cases may require the program along with counseling and anger management courses. Almost every charged individual will also face probation, the possibility of fines and jail sentencing, and the threat of a restraining order being filed against them. When you have been arrested or charged with simple domestic battery, it is vitally important that you work with an attorney from The Law Offices of Ty Martinez immediately. With the guidance of our firm, led by Ty Martinez, you may be able to have your charges dropped or greatly reduced.

Common Defenses to Simple Domestic Battery Charges

Every case is different, but defenses frequently raised in domestic battery cases include self-defense or defense of another person, lack of intent (the contact was accidental rather than willful), false accusations made during a heated dispute or custody conflict, and insufficient evidence to prove the charge beyond a reasonable doubt. If you believe you’ve been falsely accused of domestic violence, it’s especially important to speak with an attorney before making any statements to police.

Charged with simple domestic battery in San Bernardino, CA? Do not hesitate to contact our San Bernardino domestic violence lawyer from the firm as soon as possible, or schedule a free case evaluation, and retain the legal counsel you need against your charges!