If you have been charged with domestic battery, it is essential to talk to a domestic violence attorney in Tustin CA as soon as possible. You can do so by contacting Simmons Wagner, LLP at (949) 439-5857. In the meantime, keep reading to learn what this charge is and how you can fight it.
Defining domestic battery
Domestic battery is defined as
- Any purposeful and unlawful touching that is injurious or offensive
- Done against an intimate partner
- Perpetrated against an intimate relationship
Domestic abuse can take many forms, including:
- During a fight, Shana pushes her lover.
- Matt, enraged by his ex-wife, grabs her shirt and tears it to shreds.
- Tracy slaps and scrapes her significant other’s face since he has been cheating on her.
Domestic battery (sometimes known as “spousal battery”) can be charged even if the “victim” suffers no bodily injury as a result of the physical contact. All that is necessary of the defendant is that he or she was subjected to “force” or “violence” by the defendant.
Potential penalties for a conviction of domestic battery
Domestic battery is a misdemeanor and has the following potential penalties: a maximum penalty fee of $2,000; and/or a year in the county jail.
A domestic violence attorney in Tustin CA can help you find the right defense
Domestic violence defendants, fortunately, have the option of presenting a legal defense to the charge. The following are three frequent defenses to a domestic violence charge:
- The defendant did not act knowingly
- The event did not involve an “intimate relationship”
- The defendant was acting in self-defense
Of course, your domestic violence attorney in Tustin CA will consider all factors to find the right defense.
The prosecution must prove three elements
To convict someone of domestic violence, a prosecution must effectively establish three things. These are the following: the defendant intentionally touched another person, they did so in a hurtful or insulting manner, and the person affected was an intimate partner or previous intimate relationship.
What does it mean to “willfully” touch someone?
“Willfully” signifies that an accused acts on purpose or voluntarily in the commission of a domestic violence charge. It is not required that he meant break the law or hurt someone. Touching someone in a “harmful” or “offensive” way includes any touching that is done in a rude or furious manner is considered harmful or insulting.
If you are facing any type of domestic violence charge, contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.