Domestic Battery Penal Code 243(e) (1)

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Penal Code 243(e) (1) Penal Code Domestic Battery in Bakersfield California 

“Penal Code 243{e){1) makes it a misdemeanor crime to inflict force or violence on an intimate partner...a category that includes your fiancé, cohabitant, the parent of your child, or your current or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic violence law does not require a visible injury.”


Janice is out drinking with her girlfriends when one of them tells her how their boyfriend is cheating on her.  Because Janice's feels insecure, and she is she starts feeling uneasy and suspicious of her boyfriend Gary.  After getting a ride over the Gary's apartment on Coffee Road and Ming Ave she stumbles up to the door.  She uses the key that Gary gave her and lets herself in.  Gary is playing Call of Duty and is just about to call it a night when Janice snaches his phone off the side table.  She opens he Instagram and starts scrolling through his DM's.  Sure enough her suspicions are confirmed, when Gary grab's his phone back from her and tells her to get out of his apartment.  Janice doesn't is anger that Gary would disrespect her an get in Gary's face.  She demands to see Gary's phone, his refusal is further evidence that he is cheating on her.  In a rage she slaps Gary and the hits in in the chest.  Gary pushes Janice off him, and she falls back and falls hard on her butt, and bangs her arm on the ground. By now the neighbors have called the police and they are on the way.  Janice is still upset about Gary cheating on her and when the Bakersfield Police get there they see the marks on Janice's arm and arrest Gary.  Gary admits to pushing Janice, but only in self defense!  He still has to show up to court and hire a lawyer to defend against the charges.  The next day Janice feels guilty that she falsely accused her boyfriend who did nothing wrong. She goes to the Kern County District attorney's office to drop the charges, but instead of listening to her they tell here that she is dumb for trying to drop charges and that it's not up to her.  

Gary doesn't want his girlfriend to get in trouble for making false accusations.  He doesn't want to go to jail or do 52 Domestic Violence classes either.  He doesn't know what to do. 

Under the specified California Law Penal Code, misdemeanor charges are issued on a partner or spouse who is accused of applying willful domestic abuse to the intimate partner in terms of force or abuse. This is the most general kind of domestic violence charges and it is applicable to all kinds of relationship scenarios, including those of both a homosexual and a heterosexual relationship.

This Penal Code for domestic violence is applicable to the defendant who is proven guilty after all related court proceedings. This kind of Penal Code is different from others, in a way that a misdemeanor charge can be issued to the accused even if no physical injury is inflicted on the victim. With that, if investigators have evidence of a physical injury, then serious Penal Codes are applied. Moreover, violence or force is more commonly confused with the emergence of a physical injury. In case of a misdemeanor charge for this Penal Code, pushing your partner by using force can also indulge that individual in the specified allegations.

To specify an intimate partner legally, a spouse, fiancé, mother or father of your child and the person you were previously or are currently dating are all taken under consideration. In addition, this Penal Code of domestic violence is applicable in terms of the scenario in which the intimate partner has developed a contact with the accuser, such as with his or her body, clothing, or anything else that may result in connecting with him or her in a way.

A misdemeanor charge is applied on an individual who has been accused with this Penal Code and that individual may suffer the following charges:

  • One year in jail

  • $2,000 fine

  • Informal probation for up to three years
  • To complete a batterer's program
  • Pay money to women's shelters and the alleged victim for legal costs
  • Therapy
  • Other expenses arising from your alleged incident

With that, there are possible defense strategies that can be used to waive off the misdemeanor charges associated with the specified Penal Code of domestic violence crime. For that, if the defendant manages to prove that he or she has been wrongly accused, has acted in that way as a means of self-defense, or the incident took place as an accident, this Penal Code may not apply to them since it requires a “willful” action of domestic violence.

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At Martens & Brusseau Law Corporation, we focus on Assault, Domestic Violence, Drug Possession, DUI, Expungement, and Juvenile Defense, and we are here to listen to you and help you navigate the legal system. Contact us today.

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