I am Accused of Battery on my Spouse - What Should I Do? - California Penal Code Section 243
If you have been charged with battery on a spouse under California Penal Code Section 243, you should immediately contact an experienced criminal defense attorney. An experienced criminal defense attorney will know how to examine all the circumstances surrounding your case to secure the most favorable result. Under Penal Code Section 243, battery is any willful and unlawful touching in a harmful or offensive manner upon a spouse, a cohabitant, or any person in which the defendant has been dating.
There are many possible defenses to the charge of battery on a spouse. Self-defense can be used as a defense if the defendant was protecting himself or herself. Also, it is not battery on a spouse if the spouse consented to the harmful or offensive touching.
If you are facing a domestic violence charge, it is critical that you talk to a California criminal defense attorney about the possible defenses. A conviction of battery on a spouse is a misdemeanor and can be punishable by up to one year in county jail and two thousand dollars ($2,000) in fines. If probation is granted, the defendant will be required to enroll in and complete a batterer’s treatment program. The conditions of probation may also include, in lieu of a fine, that the defendant make payments to a battered women’s shelter, up to a maximum of five thousand dollar ($5,000), or that the defendant reimburse the victim the reasonable costs of counseling, or both.
