Domestic battery is a domestic violence offense involving intimate partners. It is also referred to as “spousal battery” or “spousal abuse.” The term intimate partners, under California law, can include couples who are heterosexual or homosexual and may be married, divorced, living together, or dating. They may also have children in common.

Battery is a wobbler offense, meaning that depending on the circumstances, it can be classified as a misdemeanor or a felony. A person who intentionally and unlawfully exerts force upon an intimate partner can be charged with domestic battery. As a misdemeanor, this crime can carry a sentence of one-year jail sentence and a $2,000 fine. It is immaterial whether the individual used excessive force. The slightest force can lead to a battery charge.

If, however, the individual seriously injures an intimate partner, causing loss of consciousness or broken bones, the domestic battery will likely be classified as a felony. Felony domestic battery carries a maximum penalty of four years in state prison.

In cases when a suspect is detained on a felony battery charge, in addition to many other California domestic abuse charges, the defendant will not be released on bail in an amount that differs from the bail schedule. Also, the defendant will be required to attend a bail hearing before being released on his or her own recognizance (commonly called OR).

At the bail hearing the judge will take into account the defendant’s flight risk, prior criminal history, and all the facts of the pending case to ascertain the appropriate bail amount or whether to release the defendant OR. When deciding any issues surrounding bail, the judge presumes that the accused is guilty. Because of this structure, it is very important for the defendant to hire a criminal defense lawyer with extensive domestic abuse litigation experience before the bail hearing.

It is common for the judge to deny an OR release for a defendant in an intimate partner abuse case. Therefore, the defendant may be released either by posting cash bail or securing a bail bond. Cash bail is posted when the defendant posts certified funds (or cash) in the full amount of the bail with the clerk of the court or the arresting agency. As long as the defendant appears for every court date, the cash will be returned within 60-90 days after the resolution of the case. If the defendant does not make all court appearances, the court takes possession of the forfeited cash bond.

The second type of bail posting involves a contract with a bail agent where he or she agrees to post bond for the full bail amount. The bondsman charges ten percent (by law) of the bond amount as a fee. He or she may also demand collateral (something of value, such as a car or house) to secure the bond. If the defendant doesn’t repay the bond, the collateral becomes the property of the bondsman who can keep or sell it. When the case ends, the collateral is then released as the bond is exonerated.

California domestic battery arrests and potential convictions are serious. While an accusation can incite devastating consequences, a conviction can lead to life-changing legal repercussions. The defendant’s reputation, family, and freedom may be in serious jeopardy.

Because California has such strict laws in terms of domestic violence, it’s critical that a person accused of intimate partner abuse contact a competent California defense lawyer as soon as possible. The attorney will assist the defendant in navigating the complex criminal court system starting with the initial bail hearing. To protect the family, as well as the defendant’s rights, he or she should contact the Kavinoky Law Firm attorneys who have successfully defended countless California domestic battery cases.