Under California law, domestic battery, or spousal abuse, occurs when one intimate partner uses any amount of force against another partner. It can also occur with any unwanted touching of the partner, no matter how slight. The offense is called a wobbler because it can be charged as either a misdemeanor or a felony depending on how severe the alleged abuse was. Misdemeanor battery carries a maximum of a one-year jail sentence and a $2,000 fine. When serious bodily injury results from the abuse, such as broken bones or a concussion, the battery will likely be charged as a felony carrying a maximum of four years in state prison.

California’s domestic violence laws protect intimate partners. The state has defined the term to mean heterosexual or homosexual persons who are married, divorced, cohabitating, dating, or have children together. Because of escalating incidents in domestic violence, California’s laws governing intimate partner abuse are very strict.

If a defendant charged with domestic battery has a prior battery conviction, he or she will serve a mandatory jail sentence of at least 48 hours in addition to any imprisonment ordered in the pending case. Such a defendant would benefit greatly from the help of a good criminal defense attorney who understands the sentencing schedule and ways to minimize the penalties. Without a competent attorney, a defendant usually serves the mandatory time in jail with a second conviction. However, a skilled defense attorney can argue that imprisoning the defendant is not in the best interest of the parties involved. The attorney will know what evidence to introduce to further this argument.

If convicted of domestic battery, the defendant will probably be placed on probation for at least three years. The state has certain mandatory terms of probation with respect to any California intimate partner abuse crime. These terms include booking the defendant (if such action was not completed upon arrest), issuing a criminal protective order against the defendant, requiring participation in a batterer’s class and paying an additional fine for various domestic violence funds.

Professional licensing restrictions may also become an issue for a defendant convicted of domestic battery. Under California law, a licensing board may suspend or revoke a professional license if the holder of the license has been convicted of a crime. The crime must be substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. So in addition to the defendant’s freedom and financial security, a domestic battery conviction could mean the end of the individual’s career.

Lastly, the alleged victim may sue the defendant in civil court. In a civil court, if the judge or jury decides that the defendant did in fact commit the wrong, i.e. was found liable, he or she is subject to additional heavy fines and a civil protective order. Jail or prison sentences are not imposed in civil suits.

Domestic battery convictions can be devastating. An individual who has been arrested on a battery charge has an uphill battle to fight and having a qualified criminal defense attorney at your side may mean the difference between life changing legal percussions or none at all. The attorneys from the Kavinoky Law Firm have successfully defended against all types of domestic violence charges. They stay current with case law and study cutting-edge legal techniques to provide the best representation possible. Contact the firm today and protect you and your family’s best interests.