Simple Domestic Battery Research Paper

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What You Don’t Know About Domestic Battery Laws May Surprise You When it comes to domestic violence crimes in California, there are three types of charges possible, with “domestic battery” being the least serious of them all. The three possible charges include Simple Domestic Battery: Penal Code Section 243(e), Aggravated Battery: Penal Code Section 243(d) and Willful Infliction of Emotional Corporal Injury: Penal Code Section 273.5. Simple Domestic Battery According to California Penal Code Section 243(e), simple domestic battery is essentially “battery” that one commits against a person with whom they have an intimate relationship. However, many people do not realize how many people in their past or present fall into the category of “intimate partner”. The following is a list of potentially “intimate” relationships often considered in …show more content…

In many domestic battery cases, the defendant acted in self-defense or in defense of another individual. A skilled criminal defense attorney can help the judge see that you or another person were at risk of suffering great bodily injury unless you found a way to defend yourself or the other person. It is important to note that the force used in your defense must not exceed the amount of the threatened force against you. You also cannot continue to exert force once the threat subsides. Keep in mind that any “accident” that involves the battering of another person with no intent of force or willful battery is not domestic battery. In fact, in such a case, a prosecutor cannot prove the willful application of force, which means that you cannot be found guilty of domestic battery. Conviction Pursuant to California Penal Code Section (e) (1), you may face the following penalties if convicted: A maximum of 1 year in county jail A maximum fine of $2,000 Informal probation for up to 3

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