California Penal Code Section 243

Are you facing Orange County Battery Against a Spouse Charges? We at MacGregor & Collins understand the seriousness of your situation. With over 30 years of combined OC criminal defense experience, our OC Domestic Abuse lawyers can provide you with the legal service you need, from making sense of the charges against you to defending you in trial.

California defines domestic abuse of a spouse as willful and unlawful use of force (CPC 242) against a spouse or person with whom the accused had a dating or engagement relationship. Felony domestic abuse against a partner takes place when the accused batters a current or former spouse, cohabitant, or parent of the accused's child in such a way that the act leaves the victim in a traumatic condition (CPC 273.5)

To prosecute for battery against a spouse (CPC 243(e)), the prosecution has the burden of proving:

Penal Code 243 (e)

First, that an act of battery occurred. According to California Penal Code 242, Battery means:

1. the accused touched the victim with the intent to cause harm
2. That the victim did not consent to being touched by the accused in that manner
3. That the victim suffered harm because of the accused's act.

Second, that it occurred against someone with whom the accused has had some kind of intimate relationship with. This could mean:

• A spouse or former spouse
• Someone the accused has or had a dating or engagement relationship with
• Someone the accused was living with, or
• The parent of the accused's child

Thirdly, that the accused was not acting in self-defense or in defense of someone else.

Those found guilty of simple battery against a spouse or fellow parent can face:

• A fine of up to $2,000
• Imprisonment in county jail for up to one year
• Probation, which may require the defendant to:
  1. pay up to $5,000 to a battered women's shelter
  2. reimburse the victim for counseling costs and "reasonable costs" of restitution as found by the court

Potential Punishments for CPC 273.5 are:

• Imprisonment in state prison for 2-4 years or county jail for up to a year, and/or
• A fine of up to $6,000
• Second-time or especially violent offenders face 2-5 years in prison and/or fines of $10,000

If you are facing Orange County domestic battery charges, we can help you understand your options. We have 30 years of domestic violence defense experience that we will bring to your service in this difficult time. Call MacGregor & Collins today at 949-250-6097