Are There Legal Defenses To Domestic Battery Charges
Luckily, a person accused of domestic battery can challenge the accusation by raising a legal defense. A successful defense can work to reduce or even dismiss a criminal charge.
Four common defenses to domestic violence charges that criminal defense lawyers use are:
As to this last defense, please note that California law says that all of the following must be true for the defense of self-defense to work:
- a person reasonably believed that he or someone else was in imminent danger of suffering bodily injury or being touched unlawfully,
- the person reasonably believed that the immediate use of force was necessary to defend against that danger and
- the person used no more force than was reasonably necessary to defend against that danger.
Sealing Or Expunging Domestic Charges
Under Florida law, a person who commits an act of domestic violence battery or any other domestic-related crime of violence, as defined in Section 741.28, Florida Statutes, is ineligible to have his or her record sealed or expunged, regardless of whether adjudication is withheld.
In other words, if you plead to any domestic violence charge, you will have lifetime criminal record for that offense. There are no exceptions to this rule.
Battery: The Unlawful Touching Of Another
In the state of California, battery is defined as any willful and unlawful use of force or violence against another person. This can include anything from striking someone with your fist to using a deadly weapon against them. If you are convicted of battery, you can be fined and/or sent to jail.
Domestic violence laws are similar to battery laws, but they also include the element of a relationship between the two people involved. Domestic violence can occur between spouses, ex-spouses, roommates, or any two people who have or have had a romantic or sexual relationship.
If you are convicted of domestic violence, you may face harsher penalties than if you were convicted of battery alone. This is because domestic violence is considered a serious crime that can have a lasting impact on the victim.
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What Is The Difference Between Domestic Battery And Domestic Violence
A domestic battery charge under penal code 243 is always a misdemeanor.
However, a domestic violence charge under penal code 273.5 is a wobbler which means it can be charged as either a misdemeanor or felony depending on the circumstances of the case and level of injury.
Domestic violence under PC 273.5 requires that the victim suffer some injury while a domestic battery only requires harmful or offensive touching.
Have You Been Charged With A Domestic Assault And Battery Crime In The Tulsa Ok Area
If you or a loved one has been charged with domestic assault & battery in the Tulsa, Oklahoma area you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call 918.384.0850 for your free consultation. We are proud to serve Tulsa and all surrounding areas.
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Contact Wallin & Klarich If You Are Charged With Battery
If you are facing charges of battery or for a crime of domestic violence, you face a serious legal battle that could drastically alter the course of your life. You will need a skilled and experienced criminal defense attorney on your side. At Wallin & Klarich, our team of attorneys has been successfully defending clients against battery and domestic violence charges for over 40 years. We will work tirelessly to help you obtain the best possible outcome in your case.
With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, West Covina, Torrance, Victorville and Ventura, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Contact our offices today at 4-NO-JAIL or 466-5245 for a free, no-obligation phone consultation. We will get through this together.
Domestic Assault By A Habitual Offender
Title 18 of the United States Code contains the federal crime of domestic assault by a habitual offender. The statute defines “domestic assault” as an assault committed by a current or former spouse, parent, child, or guardian of the victim, by a person who has a child in common with the victim, by a person who cohabitates or cohabitated with the victim as a spouse, parent, child, or guardian, or by a person similarly situated to a spouse, parent, child, or guardian of the victim. A person who commits a domestic assault who has at least two prior convictions for assault, sexual abuse, a serious violent felony, stalking, or intestate domestic violence against a spouse or intimate partner commits domestic assault by a habitual offender.
While this federal statute uses the term domestic assault, prior state convictions, whether labeled domestic violence or domestic assault, form the foundation for the federal offense. State and federal laws are focused on identifying, preventing, and punishing acts of violence against family members and others in intimate relationships with the perpetrator, regardless of whether such activity is labeled domestic violence or domestic abuse.
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Domestic Violence Vs Domestic Battery
Domestic violence and domestic battery are similar but different crimes, with very different legal defenses and punishments. In California, for a crime to constitute domestic violence, the victim must have suffered an injury. California Penal Code 273.5 establishes domestic violence as inflicting corporal injury, defined as any physical injury, on a current or former:
Domestic battery can take on many forms and be inflicted by any individual. Some examples include:
- a woman pushing her boyfriend during a fight
- a man, frustrated with his ex-wife, grabbing her by her shirt and ripping it
- a girl slapping her fiancé across the face
What Is The Penalty For A First Offense Of Domestic Battery In Nevada
Posted on July 1, 2020
A first-time offense of battery domestic violence in Nevada under NRS 200.485 is typically prosecuted as a misdemeanor as long as the victim is not pregnant. The sentence carries:
- two days to six months in jail
- $200 to $1,000 in fines
- 48 to 120 hours of community service
- domestic violence counseling for at least 1.5 hours for at least six months at the defendants expense and
- an order to pick up no new criminal arrests or citations other than minor traffic tickets while the battery domestic violence case is open
Note that a first-time offense of battery domestic violence will be prosecuted as a felony in Nevada if either:
- the defendant strangled the victim,
- the defendant used a deadly weapon,
- the victim sustained substantial bodily harm, or
- the defendant had at least two prior domestic battery convictions within the last seven years
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How Florida Defines Domestic Violence
In Florida, the definition of domestic violence is far-reaching. Not only does it include assault and battery, but also sex crimes, kidnapping, stalking and other similar criminal charges. When any of these crimes is committed by one family or household member against another, it is labeled as domestic violence. Crimes between individuals in a dating relationship or individuals who were formerly in a domestic relationship may also fall under the banner of domestic violence. Convictions for domestic violence come with increased penalties.
Battery Aggravated Battery And Domestic Battery: Florida Law
Florida law has specific penalties for battery, aggravated battery, and domestic battery. They are all serious charges and come with varying levels of imprisonment, fines, and potentially other consequences upon conviction.
A conviction of battery in the State of Florida is considered to be a first-degree misdemeanor and comes with penalties of up to one year in jail and a fine of up to $1000. Felony battery can be charged where the defendant has a prior conviction for battery.
Aggravated battery is a very serious charge with elevated penalties. Typically, aggravated battery is charged as a second-degree felony. Upon conviction, the defendant will face up to a maximum of 15 years in prison and up to $10,000 in fines. Additionally, Florida courts can impose a mandatory minimum sentence if the defendant either possessed or discharged a firearm during the attack. Aggravated domestic battery comes with more severe penalties, similar to aggravated battery.
Domestic battery Florida law also dictates additional penalties. If a defendant is found guilty and the victim has suffered bodily harm, the court will mandate that the defendant serve five days in jail and complete a 26-week batterers intervention program. Other consequences can include losing the ability to carry a firearm, being ordered to perform community service, and getting 12 months of probation.
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What Is The Difference Between Battery And Domestic Violence Laws
Battery and domestic violence laws are two types of laws that aim to protect individuals from violence according to Oakland domestic battery sources. Battery laws typically focus on protecting victims of physical violence, while domestic violence laws typically focus on protecting victims of emotional or psychological abuse. Both types of laws can provide protection for victims of violence, but there are some key differences between the two.
What Is Family Violence
Under Illinois law, family violence is any act of violence that occurs within these relationships:
- Individuals related by blood through a child
- Parents and children
Domestic battery is the formal name for the crime of:
- Knowingly and without legal justification, causing bodily harm to any family or household member
- Knowingly and without legal justification, making physical contact of an insulting or provoking nature with any family or household member
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Looking At Definitions: Assault Battery And Domestic Violence
Domestic violence is a complex matter, and it varies significantly from state to state. If you have been accused of domestic violence or a related crime, it is important to understand how these charges work in Florida. At The Law Office of Corey I. Cohen & Associates in Orlando, we believe it is part of a lawyers job to educate clients about the law.
Penalties For Domestic Battery
Domestic Battery is classified as a first degree misdemeanor, with penalties that may include up to one year in jail or twelve months probation, and a $1,000 fine.
Additional Penalties
Due to the domestic nature of the crime, the accused will face additional mandatory penalties under Chapter 741, Florida Statutes, including:
- Completion of a 26 week Batterers Intervention Program
- 12 months of probation
- 5 days required jail See Section 741.283, Florida Statutes
- Additional community service hours
- Loss of important civil liberties, including concealed carry rights
- Imposition of an injunction or no contact order. For additional information on this topic view our web pages on injunction violations and no contact orders.
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Domestic Violence Charges Are More Serious Than Simple Assault Charges
If you get into a violent altercation with another person and the police are called, you could be charged with one of several kinds of assault, even if there is no evidence to support the accusation. One of the more serious charges is domestic violence assault and battery. We explain how domestic assault differs from simple assault and why you need an experienced defense attorney if you are arrested.
Defenses To Violent Crime Charges
If accused of any of these crimes, or another domestic violence charge, it is important to speak to a qualified criminal defense attorney who can help you navigate the case and pursue possible defenses. There are many defenses available, but some of the most common are:
Don Pumphrey, Jr.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.
The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.
* Disclaimer: Each case is different, and the results in a case depend on many factors. Past results are not a guarantee of future successes.
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Enhanced Penalties For Battery
Arkansas imposes enhanced penalties that either tack on additional incarceration time or impose mandatory penalties under the following circumstances.
Law enforcement. Offenders who purposely commit battery against an individual because they are a law enforcement officer face an additional six months to two years of incarceration.
First responder. A person commits third-degree battery by knowingly causing physical contact with a first responder by spitting, throwing, or transferring bodily substances on the first responder. No injury is required. This Class A misdemeanor has a mandatory fine of $2,500 and requires a minimum of 30 days in jail and up to a year in jail.
Child present. A person who commits battery in the presence of a child may be subject to an additional term of imprisonment of 1 to 10 years.
Getting Restraining Orders For Protection
Keeping abusers out of your presence can be a life-saving intervention. A restraining order is an excellent measure to keep an abuser from being around you. The order can be issued within 24 hours and prohibits the abuser from seeing the victim and carrying firearms. If an accuser violates a restraining order, it is typically a misdemeanor. It should keep you safe, or the abuser risks six months in jail and up to $1,000 in fines.
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Domestic Assault And Battery By Strangulation
This is same as Domestic Assault and Battery with one exception, that the alleged incident involved some form of strangulation. In Oklahoma, the courts define this as, Strangulation means any kind of asphyxia, including but not limited to, closure of the //nostrils/mouth as a result of external pressure on the head/neck. It should be noted that not only does strangulation result in an automatic felony charge, but even attempted strangulation can result in a felony charge being filed.
What Is Considered Aggravated Battery In Florida
When considering aggravated battery vs. domestic battery, there are some big differences in what circumstances must exist for the charges and the types of penalties involved.
The basic requirements of unwanted or offensive touching or intentionally inflicting bodily harm with simple battery are the same for aggravated battery and the first requirements for the charges. But additional circumstances must be present. A deadly weapon must have been used with aggravated battery, such as a gun or a knife, when an individual knowingly or intentionally causes great bodily harm, permanent disability, or permanent disfigurement to the victim.
Alternatively, aggravated battery charges can be ordered if the defendant batters someone they know is pregnant.
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Domestic Battery Under Florida Law
DEFINITION, PENALTIES, AND DEFENSES
Domestic Violence Battery is any unlawful touching of a person classified by statute as a family or household member. The offense is harshly prosecuted throughout the State of Florida, with penalties and long-term consequences far exceeding that of a conventional battery.
Arkansas Domestic Violence Laws
Domestic violence laws in Arkansas prohibit people from physicallyinjuring family members and household members. Arkansas also makes itillegal to engage in conduct that creates a substantial danger of deathor serious injury to a family or household member. Punishment fordomestic violence crimes range from misdemeanor penalties to lengthyfelony prison sentences.
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Reduction To Lesser Crimes
Domestic violence laws have a special place in Californias legal system. The public policy behind these laws is to give special protections to these people because of their relationship to the defendant, and to severely punish persons who break these laws. As a result, prosecutors are given wide discretion to pursue the maximum possible penalties in these cases, even when the injury to the victim is minimal.
If you are charged with aggravated battery or infliction of a corporal injury against your spouse or a cohabitant, you should immediately consult with a Wallin & Klarich attorney about your legal options.
Legal Defenses To Domestic Battery
Experienced attorneys can use several strategies to contest domestic battery cases. These strategies include showing that the action was in self-defense. Defendants may be able to claim that the domestic battery charge was in self-defense if the defendant:
- believed that they were in imminent danger,
- believed that force was necessary to stop the danger, and
- used an appropriate level of force in defense.
The defendant may also defend their claim by stating that the action was not a willful act. An action is not considered to be a willful act if it is not done with the intent to harm the partner. For example, take the couple John and Cindy. They were arguing, and John threw a plate against a wall. Shards from the plate ricochet and cut Cindy on the hand. John may challenge a domestic battery case in this instance, arguing that he did not mean to hurt Cindy. Finally, the defendant may have been falsely accused. There may be cases where intimate partners make false statements out of anger, jealousy, or a desire for revenge. In these cases, defendants may cite a false accusation as a defense in court.
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