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Criminal Law

: California Criminal Defense Blog

California Domestic Battery: What You Need To Know

By Neil Shous, Esq.

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There are three ways someone can be prosecuted for battery under California?s domestic violence laws. ?Simple domestic battery?, ?willful infliction of corporal injury? and ?aggravated battery? each has a slightly different angle on when and how it would be filed. Below is a brief description of these differences. California Penal Code 242 battery is "any willful and unlawful use of force or violence upon another person." This offense is usually charged when the person committing the battery has no domestic-type relation to the alleged victim. California Penal Code section 243 (e) (1) ?simple domestic battery? is the misdemeanor charge and, therefore, the least serious of these three domestic violence offenses. To be convicted here, all you have to do is intentionally ?touch? your ?intimate partner? in an offensive or angry manner?that?s it?he/she doesn?t even need to be injured, only offended...continue to full post

Full post as published by California Criminal Defense Blog on May 04, 2009 (boomark / email).