Experienced Domestic Battery Defense Lawyer in Los Angeles
Domestic battery is a serious offense under California Penal Code § 243(e)(1) PC. This statute makes it illegal to inflict force or violence on an intimate partner, including a spouse, former spouse, cohabitant, dating partner, or the parent of your child. Unlike other domestic violence charges, domestic battery does not require the victim to have visible injuries; the mere act of unlawful physical contact is sufficient for a charge.
If you are facing charges under this statute, it is crucial to start building a defense immediately to avoid the harsh consequences of a conviction. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of domestic battery. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.
Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the preservation of vital evidence, the mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.
If you or someone you know is facing charges of domestic battery in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.
Understanding Domestic Battery Under California Penal Code 243(e)(1)
Domestic battery under California Penal Code § 243(e)(1) PC is a misdemeanor offense involving the intentional and unlawful use of force or violence against an intimate partner. This charge does not require the victim to sustain visible injuries, making it a broad and often complex area of the law. Here’s what you need to know:
To secure a conviction under Penal Code § 243(e)(1), the prosecution must prove the following elements beyond a reasonable doubt:
- Intimate Partner Relationship: The alleged victim must be someone with whom the defendant has an intimate relationship, as defined by the statute. This includes:
- Spouse or former spouse
- Current or former cohabitant
- Fiancé(e) or former fiancé(e)
- Dating partner (current or past)
- Parent of the defendant’s child
- Unlawful Physical Contact: The act must involve willful and unlawful use of force or violence. This can range from a simple push to a more forceful action. The key factor is that the contact was intentional and not accidental.
- Lack of Visible Injury: Unlike other domestic violence charges, domestic battery does not require visible injuries. The mere act of unlawful physical contact, regardless of the injury, is sufficient for a charge.
Penalties for a Conviction Under California Penal Code 243(e)(1) PC
What Are the Penalties for a Misdemeanor Domestic Battery Conviction in California?
- Imprisonment: Up to one year in county jail.
- Fines: Up to $2,000.
- Probation: If granted probation, it typically includes conditions such as:
- Regular check-ins with a probation officer
- Participation in a batterer’s treatment program for at least one year
- Compliance with protective orders
- Mandatory Counseling: Attendance in a court-approved domestic violence treatment program is often required as a condition of probation.
Aggravating Factors
- Prior Convictions: A prior conviction for domestic battery or related offenses can result in harsher penalties, including mandatory minimum jail sentences.
- Severity of the Incident: Cases involving more severe or repeated instances of domestic battery may result in more significant penalties and mandatory minimum jail sentences.
- Injury to Victim: Although visible injury is not required for a charge, if the victim does sustain injuries, the penalties may be more severe.
Defenses for California Penal Code 243(e)(1) Domestic Battery Charges
Self-Defense or Defense of Others: One of the most common defenses to domestic battery is proving that your actions were a response to an immediate threat of harm. If you reasonably believed that you or someone else (such as a child or another family member) was in imminent danger of being harmed and you used reasonable force to protect them, this may serve as a valid legal defense.
For example: If your accuser was attacking you, and you used physical force to defend yourself or someone else, your attorney can argue that your actions were justified.
False Accusations: False allegations of domestic battery often arise in emotionally charged situations, such as custody disputes, divorces, or personal conflicts. An individual may falsely accuse you to gain an advantage in family court or out of anger or revenge.
Your attorney can work to expose inconsistencies in the accuser’s story, highlight any ulterior motives, and use witness statements or other evidence to prove that the allegations against you are untrue. In some cases, surveillance footage, text messages, or emails may serve as critical evidence to disprove the claims.
Lack of Evidence: To secure a conviction for domestic battery under Penal Code 243(e)(1), the prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence to support the claim—such as a lack of witnesses, physical evidence, or reliable testimony—your attorney can challenge the case and argue that the charges should be dismissed.
For example: If the accuser’s injuries do not match their version of events or if no injuries are present at all, the prosecution may struggle to prove that battery occurred.
Consent: In certain cases, the accuser may have consented to physical contact, such as during mutual physical activities or playful interactions that were later misinterpreted. If your attorney can establish that the contact was consensual, it may negate the claim that the contact was unlawful or offensive, leading to a dismissal of the charge.
Accidental Contact: To be convicted of domestic battery under Penal Code 243(e)(1), the prosecution must prove that the contact was willful. If the alleged physical contact was accidental and not done with intent, this can be a strong defense.
For example: In situations where accidental contact occurs during an argument, such as bumping into someone, your attorney can argue that there was no intent to harm or offend.
How Our Los Angeles Criminal Defense Attorney Can Help
When facing charges of domestic battery, having a dedicated and experienced defense attorney is crucial. At The Law Offices of Arash Hashemi, we provide the expertise and support necessary to navigate these serious charges effectively. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. With over two decades of experience, he has successfully handled a wide variety of criminal cases, including those involving serious domestic battery charges. His comprehensive understanding of California’s domestic violence laws and criminal justice system ensures that clients receive the highest level of legal representation.
Our firm takes a personalized approach to every case, meticulously analyzing the details to develop a strategic defense tailored to the specific circumstances. We scrutinize the evidence, challenge the prosecution’s claims, and work tirelessly to protect your rights and achieve the best possible outcome for your case.
Comprehensive Legal Services
We offer a full range of legal services to ensure that every aspect of your case is addressed:
- Consultation and Case Evaluation: We provide an initial consultation to discuss your case, evaluate the charges against you, and outline potential defense strategies.
- Evidence Review and Investigation: Our team conducts a thorough review of all evidence and, if necessary, performs independent investigations to uncover critical information that can strengthen your defense.
- Negotiation and Litigation: Whether through negotiation or courtroom litigation, we are prepared to fight for your rights and work towards a favorable resolution of your case.
Contact a Los Angeles Criminal Defense Attorney
Facing domestic battery charges under California Penal Code 243(e)(1) can feel overwhelming, but you don’t have to go through it alone. Domestic battery is a serious offense that involves the willful and unlawful use of force or violence against an intimate partner, such as a spouse, cohabitant, dating partner, or the parent of your child. These charges can carry severe consequences, including fines, probation, mandatory counseling, and even jail time.
With the right legal representation, you can fight back against these serious accusations and protect your future. Our experienced Los Angeles battery lawyer has over 20 years of experience defending clients against domestic battery and other complex battery charges. Attorney Arash Hashemi is ready to provide you with skilled and aggressive representation tailored to your unique situation.
Attorney Arash Hashemi will thoroughly evaluate the evidence against you, identify weaknesses in the prosecution’s case, and develop a customized defense strategy designed to protect your rights. Whether your case involves allegations of domestic battery, simple battery, or another related charge, our firm is committed to achieving the best possible outcome for you.
Don’t let a domestic battery charge define your future. Take the first step toward protecting your rights by contacting an experienced Los Angeles criminal defense attorney today.
Schedule Your Consultation Today
- Phone: (310) 448-1529
- Schedule Your Free 15-Minute Consultation: Conveniently book online through our secure system.
- Email: Contact@hashemilaw.com
- Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
- Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.
