Without a law degree, it can be very challenging to understand the seemingly subtle differences between charges. For example, it can be difficult to really grasp what’s so different about battery versus domestic battery. Simply put, battery is a category of crime. Domestic violence is a specific type of battery.
The definition of battery
First of all, let’s consider the definition of battery. The California penal code describes it as any willful or unlawful use of violence and / or force against another person. You’ll note that it doesn’t say a word about actually causing injury, and it doesn’t even mention making contact. Even the slightest contact can be considered battery of it’s done in a way the courts consider rude or angry. You’ll also note that battery on its own has nothing to do with the relationship between the defendant and the plaintiff. That’s not the case with domestic battery.
The difference between battery and domestic battery
In California, domestic violence refers to any kind of violence against a person that has a specific relationship to you. These relationships can include:
- Your spouse
- Your current or former fiancée
- Any member of your family
- Current boyfriend / girlfriend
- Past boyfriend / girlfriend
- Children
- Anyone you live in a home with, including both tenants and roommates.
Put simply, what would otherwise be battery or aggravated battery becomes domestic battery if it’s against someone on the list above.
Potential consequences of a conviction
If you’ve been charged with battery or domestic violence then we at Law Office of Michael L. Fell urge you to call us immediately for your free case evaluation. If you have inflicted force or violence against one of the categories of people listed above, then you could be facing a misdemeanor punishable by up to 364 days in county jail and fines of up to $2,000. No visible injury is required for the prosecution to get a conviction.
There are other charges too, such as inflicting corporal injury to a spouse or cohabitant. This charge requires there to be a wound or bodily injured, which was caused directly by the application of force. This can apply to any type of injury, even something as minor as a slight bruise. This charge is punishable as a felony, which could come with a four-year state prison sentence and fines of up to $6,000.
Work with an attorney to have your charges reduced or dropped
There are many potential defense options if you’ve been charged with battery and / or domestic violence. At Law Office of Michael L. Fell, we’ll go over your case and the evidence against you. Our first goal will be to have the charges dropped. In the event that there’s a lot of evidence against you, then we may work to have the charges significantly reduced. If this is also not an option, then we will take your case to court. Call us today at (949) 585-9055 so we can carefully assess your case.