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What is Domestic Battery?

Posted by Dan Kann | Dec 01, 2014 | 0 Comments

April 8, 2014

There are many different criminal charges that can result from a disagreement or confrontation between two people in a relationship. In California, battery is simply defined as any unlawful touching of another. Domestic battery, commonly referred to as domestic abuse, involves “any willful infliction of force or violence” upon an intimate partner. Domestic battery is a complicated criminal charge that can result from a number of different situations.

Willfully inflicting force or violence will result in domestic battery charges if the alleged victim is your current or former spouse, your fiancé, your roommate, the parent of your child, or someone you are or were dating. In fact, you could face domestic battery charges even if you only used the slightest amount of force against a loved one. As long as there was unwanted touching, you can face charges.

If the incident resulted in no physical injuries, it will likely result in simple domestic battery charges. This is a misdemeanor and it is the least serious of all the California domestic violence charges. It is not safe, however, to assume that your case will be dismissed or that you will only face misdemeanor charges. The prosecutor will review the circumstances of the incident to determine if you will face simple domestic battery or something even more serious.

A simple domestic battery case can escalate to aggravated battery depending on the injury that the accuser sustained and your criminal history. Aggravated battery is a wobbler, which means that it can result in misdemeanor or felony penalties. Felony aggravated battery charges are typically reserved for cases involving serious injuries, but they may result from a minor incident involving someone with a history of similar offenses.

Similar to aggravated battery, intentional infliction of corporal injury is a serious charge that can result in misdemeanor or felony penalties. This potentially life-changing charge involves violence that results in a traumatic condition between spouses, roommates, or parents.

Whether you are facing a misdemeanor or felony related to an incident between you and your significant other, you will have to act quickly to protect your rights and reputation. A conviction for even a seemingly harmless incident can have significant financial, social, and professional consequences. Contact a Ventura criminal defense lawyer who will help you build a solid defense strategy and protect your rights every step of the way.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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