Domestic violence accusations come in a variety of forms in California. If you've been charged with any of these, including domestic violence, you're probably wondering what your options are. Continue reading to learn more about the facts, and then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
What is the definition of a domestic battery?
Let's start with a definition of the term "domestic battery." It contains three aspects, according to California law:
- Willful and unauthorized touching
- Harmful or offensive physical contact
- Touching that is directed at a close friend or family member
It is not a domestic battery unless all three parts are present.
Can I be convicted of domestic battery even if the alleged victim was not injured?
Yes. It's worth noting that the factors that must be present in order to be convicted do not include harm. You must only use force or aggression against the individual in issue. If you shoved your significant other, for example, even if there was no harm, this might be deemed a domestic violence.
What is the process of charging a domestic battery, and what are the consequences?
It is a misdemeanor, punishable by fines of up to $2,000 and up to one year in county prison. The harshness of the penalty will vary greatly depending on the facts of the case and the accused's criminal history.
What legal defenses do you have if you're charged with domestic battery?
Of course, considering the details of your situation is the best approach to defend you against a domestic violence accusation. However, proving that the accused did not act deliberately, that the claimed victim does not qualify as an intimate partner, or that the defendant was acting in self-defense are some of the most prevalent defense possibilities.
Who is considered am "intimate partner" in legal terms?
Domestic violence charges cannot be filed for acts of violence or threats against any victim; the alleged victim must be someone with whom the offender has or used to have an intimate connection. This covers spouses and ex-spouses, as well as roommates or former roommates, the defendant's child's parent, and other ties. If the individual does not qualify as an "intimate partner," it is still a crime, but it is not considered domestic violence.
What can I do if I'm charged with domestic battery?
Speak with a criminal defense lawyer. Do not speak to the cops. Do not make any admissions. Give police your name and other identifying information, but don't respond to their queries about the claimed event. Even if you are completely innocent and sure in your ability to prove it, it is better to wait until you have spoken with your attorney before making any statements. To learn more about your choices, call Law Office of Michael L. Fell at (949) 585-9055.