Articles Posted in Battery On Spouse

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When the police are called to the scene of a domestic dispute, the likelihood is that someone will be arrested and taken to jail if there is any accusation of a physical struggle – even if it mutual or here was no aggressor. This will lead to the posting of up to $50,000 bail, the arrestee vacated from the family residence, and a no-contact protective order being issued upon the arrestee. This will be devastating to the family environment, the children and the marital relationship.

Corporal%20Injury%20on%20A%20Spouse.jpgThe DA’s office will then get involved and will go through a decision-making process re charges. The filing DA could file a felony corporal injury on a spouse charge, a misdemeanor domestic violence charge or file nothing at all. The felony charge of corporal injury does not require a substantial injury. It only needs to be traumatic in some way. Simple bruising, lacerations, scrapes, scratches, etc., will suffice. A felony corporal injury charge will have serious consequences such as prison, parole, jail, probation, fines, batterer’s treatment classes, and protective orders. The DA has much discretion in this area and the decision in any given case can vary from county-to-county, court-to-court and prosecutor-to-prosecutor. The final decision will directly affect you and your family’s future.

Thus the importance to consult with and hire a criminal defense attorney who is well-versed in corporal injury cases. An attorney who can contact the prosecutor immediately in an attempt to influence the prosecutor’s decision-making process.

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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.

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Wallin & Klarich was established in 1981. Over the past 32 years, our law firm has helped tens of thousands of families in their time of legal need. Regardless of whether our clients faced criminal or DUI charges, the loss of their driving privilege, or wanted to clean up their criminal record, we have been there to help them.