February 18, 2010 By Wallin & Klarich

Under California Penal Code Section 243, battery upon a spouse or cohabitant 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. A cohabitant is defined as someone who you live with.

These are serious charges in California, and you face severe consequences if you are convicted of this crime. However, an experienced criminal defense attorney can help you avoid penalties that will follow you for the rest of your life. If you have been charged with battery on a spouse, you should immediately contact a 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.

Consequences of Battery upon a Spouse (PC 243)

domestic battery chargesIf you are convicted of battery upon a spouse under PC 243, you face up to one year in county jail and fines of up to $2,000. Additionally, this criminal conviction will appear on your criminal record for the rest of your life.

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.

There are many defenses to this crime, and our skilled battery attorneys at Wallin & Klarich know the legal defenses to these charges. How we will defend you will depend on the circumstances of your case. We have successfully defended our clients facing these charges by arguing that the touching that occurred was in self defense and that they were only trying to defend themselves. We may also be able to argue that your spouse consented to the harmful or offensive touching, and thus the touching was not battery at all.

We will work with you and review the facts of your case so that we can provide you with the best defense possible in your case.

Call the Domestic Battery Attorneys at Wallin & Klarich Today

If you are facing a domestic battery charge, it is critical that you talk to an experienced California criminal defense attorney immediately. At Wallin & Klarich, our experienced battery attorneys have been successfully defending our clients accused of domestic battery for over 30 years. We’ve helped thousands of clients in their time of legal need and we can help you now.

With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

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