California has a stringent set of domestic violence laws that protect intimate partners. One of the offenses under DV law is domestic battery, also known as “spousal abuse” or “spousal battery.” Under California law, a person commits domestic battery when he or she willfully and unlawfully uses force or violence upon an intimate partner. The legal definition of “intimate partner” includes husbands, wives, boyfriends, girlfriends, and same-sex partners.

Battery is a wobbler offense meaning that it can be charged either as a misdemeanor or a felony depending on the facts of the individual case. As a misdemeanor, a battery charge is punishable by a maximum one-year jail sentence and a $2,000 fine.

Domestic battery will result even if a defendant used only mild force. Any unwanted physical touching will suffice. However, if an alleged victim suffers a severe injury such as a broken bone, or a concussion, the defendant could be charged with felony battery punishable by a maximum of four years in state prison as well as increased fines.

Each crime has specific elements that the prosecution must prove to obtain a conviction against the defendant. The burden of proof for such cases is that the judge or jury must believe beyond a reasonable doubt that the defendant committed the crime. Each element of the charge must be independently proven or the jury must vote “not guilty.” There are three elements that the prosecution must prove to convict the defendant of domestic battery.

First of all, the defendant must have used force or violence upon the alleged victim. The question here is not whether an injury occurred, but whether the defendant actually touched the accuser. Battery takes place when any unwanted touching occurs. The presence or severity of an injury only becomes important in classifying the battery as a felony or misdemeanor.

Secondly, the defendant must have willfully used force. “Willful” means that the accused had the willingness or intention to act. Willingness is not concerned with the amount of force used or any resulting physical conditions, only the defendant’s desire to act. If the defendant willfully used the force in self-defense or in the defense of others, he or she will not be convicted of domestic battery. The prosecution has the burden to prove that the willful force was used unlawfully against the intimate partner.

Lastly, the prosecution must prove that the individuals were in a relationship covered by California D.V. law at the time of the alleged offense. The parties must meet the definition of intimate partners (gay or straight persons who are married, divorced, separated, cohabitating, dating, or have children in common) at the time of the battery.

When the victim of domestic battery suffers serious bodily injury, an additional element must be proven. The prosecution must show that the victim’s injury was caused by the force or violence used by the accused. The injury could not have been self-inflicted or caused from any incident other than the one in which the defendant was charged.

Facing an intimate partner abuse charge can be a stressful and life-altering experience. California law invokes severe penalties for a defendant convicted of domestic violence. The best action to take to avoid these consequences is to hire a skilled criminal lawyer who understands the elements of domestic battery and how to develop an effective defense strategy. The attorneys at the Kavinoky Law Firm have litigated countless domestic violence cases and have a reputation for treating their clients with dignity and providing competent legal representation.