Domestic battery in California, also referred to as spousal abuse or spousal battery, is a domestic violence offense that applies to heterosexual or homosexual people who are dating, cohabitating, married, divorced, or who have children in common. These individuals are referred to as intimate partners.

Some crimes are called wobbler offenses because they can be charged as either a misdemeanor or a felony depending on the facts of the individual case. Domestic battery is such an offense. As a misdemeanor, battery carries a maximum of a one-year jail sentence and a $2,000 fine. Any force or unwanted touching can result in a domestic battery charge, regardless of how slight it may have been. However, if serious bodily injury results, the battery will likely be classified as a felony carrying a maximum of four years in state prison and additional fines.

For a person without a prior conviction, four years is the maximum prison sentence for a felony domestic battery conviction. The law does not state that any jail time is mandatory for an offender. Depending on the facts surrounding the allegation, an experienced criminal defense attorney may be able to convince a judge to impose probation conditions that don’t include imprisonment.

However, a defendant with a prior record who is convicted of a domestic battery will likely be required to serve at least 48 hours in the county jail. This fact illustrates clearly the need for competent legal representation from an attorney with experience in California intimate partner abuse cases. Without a trained attorney, a defendant almost assuredly will be sentenced to the mandatory time in jail upon a second conviction. However, skilled defense attorneys zealously advocate for their clients by arguing that imprisoning the defendant does not serve the best interests of justice. The attorney knows what evidence is relevant to assert this argument and obtain a successful outcome.

Evidentiary rules dictate that a defendant’s prior intimate abuse convictions will be entered into the record in a domestic violence case. While most criminal cases exclude prior conduct from evidence, domestic abuse crimes are an exception. This evidence will be presented to the judge and jury at trial. When a jury hears that the accused has committed similar offenses in the past, they may be more likely to conclude that he or she did so again.

Any person facing a domestic battery charge should immediately hire a good attorney, but this action is even more important for an individual with a prior conviction. The attorneys from the Kavinoky Law Firm are familiar with the complex issues surrounding domestic battery, including prior acts of domestic violence by the defendant. They have helped countless defendants beat intimate partner abuse charges. These lawyers receive on-going education and training in this specific area of the law and keep up with cutting edge legal techniques as well as the latest case law. Contact Kavinoky today and level the legal playing field.