Alex What does simple battery mean in domestic violence?
What is simple battery (domestic violence. Battery is any touching of another person against the will of that person. It can be a tap, a shove, spitting, grabbing an item from the hand of another. It becomes Domestic Battery when the other person is a family member or individual who lives with you or has lived with you involved in a romantic…
What do you need to know about domestic battery in California?
California Penal Code Section 243(e)(1. In California, there are two types of domestic violence crimes that you can be charged with. Domestic Battery” pursuant to Penal Code Section 243(e)(1) which is the least serious, or. Corporal Injury To A Spouse or Co-Habitant.
Can a person be charged with domestic battery?
Even though James suffered no injury, Kathy can be charged with domestic battery under Penal Code Section 243 (e) (1) pc, because even the slightest touching can be enough to commit a battery if it is done in a rude or angry way. What Is The Difference Between “Domestic Battery” And Domestic Violence?
What should I do if I get charged with simple battery?
If you need assistance with simple battery charges, you should speak with a criminal defense attorney right away. Your lawyer can help you with your case and can discuss the various laws associated with your charges.
How often do domestic battery charges come about?
Domestic battery charges, or spousal battery, start with a basic assault or battery allegation. The charge is also called domestic violence, domestic abuse, or assault family violence. According to the National Coalition Against Domestic Violence (NCADV), 20 individuals experience a form of abuse, specifically physical abuse, every minute.
If you need assistance with simple battery charges, you should speak with a criminal defense attorney right away. Your lawyer can help you with your case and can discuss the various laws associated with your charges.
What are the legal defenses for simple battery?
As noted above, there are many different legal defenses available for simple battery cases, including: Self-Defense: Self-defense is the most commonly raised defense for a person accused of battery. A person may utilize sufficient force for protection from apparent harm, meaning something more than just an empty verbal threat.
Can a defendant not be charged with domestic battery?
The lack of visible injuries does not necessarily mean that a domestic battery did not occur and is not required in order for a defendant to be charged with domestic battery. All the prosecutor needs in order to charge you is evidence of a harmful or offensive touching.