If you have been charged with Domestic Battery in Orange County for willfully touching a Spouse or Cohabitant in a harmful or offensive manner, you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of domestic battery charges. In Orange County, Domestic Battery is a misdemeanor. Domestic Battery is usually committed when someone willfully and unlawfully touches a spouse or cohabitant in a harmful or offensive manner. This crime differs from Corporal Injury of a Spouse because Domestic Battery does not require any injury.

Domestic Battery Orange County Penal Code 243(e)(1)

First, let the top Domestic Battery Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Domestic Battery in Orange County is summarized below. However, the full text of the Domestic Battery laws in Orange County can be found in California Penal Code Section 243(e)(1). To prove that the defendant is guilty of Domestic Battery, the Prosecutor must prove that:

• A person used force or violence upon an intimate partner (defined below); and
• The use was willful and unlawful.

Under Penal Code 243(e)(1), an intimate partner can be:

• a spouse or former spouse,
• a cohabitant or former cohabitant,
• a fiancée or former fiancée,
• a person with whom the defendant has or used to have a dating relationship, or
• the father or mother of the defendant’s child

The Domestic Battery laws in Orange County can be confusing to a defendant charged with a crime. The Atias Law Firm knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Disturbing the Peace, Misdemeanor Battery, or Misdemeanor Assault.

Reducing a Domestic Battery Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with a lesser offense, rather than Domestic Battery. These circumstances include that the complaining witness is not an intimate partner, or that you had a mistaken belief that you needed to use force to defend yourself or others. Our attormeys may be able to show that your Misdemeanor Domestic Battery charge should be reduced to a Misdemeanor Assault or Battery charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. The Atias Law Firm aggressively challenges the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Domestic Battery charges may be dismissed, or reduced to Disturbing the Peace or Misdemeanor Battery and you could avoid jail.

Will I Go To Jail?

Possibilities & Penalties for Domestic Battery Charges in Orange County

Domestic Battery is a misdemeanor, meaning that it can usually be punished with jail, fines, and probation. Misdemeanor Domestic Battery is punishable by up to one year in county jail and a $2,000 fine. Typically, the court will impose some jail time if you are convicted of domestic battery. Also, the court almost always requires a 52-week batterer’s treatment program upon conviction. A domestic battery conviction may result in issues with any professional license that you hold. Also, domestic battery may be treated as a crime of moral turpitude for immigration purposes. That means that you can be deported or denied admission based on a domestic violence conviction. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Domestic Battery Defenses in Orange County

Our attorneys in Orange County know the defenses that may help get your Domestic Battery charge dismissed. There are a number of defenses to Domestic Battery in Orange County, however the applicability of those defenses depends on the facts of your case. For example, if you acted in self-defense, then that can be a defense to injuring another person. Additionally, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that the you did not willfully touch anyone. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our attorneys may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Domestic Battery, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Domestic Battery Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. The Atias Law Firm may be able to help you get your Domestic Battery charge reduced to a lesser charge. Domestic Battery lawyers Orange County may be able to get your Domestic Battery charge, and the penalties reduced to those penalties associated with: Disturbing the Peace, Misdemeanor Assault, or Misdemeanor Battery.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Domestic Battery, then you may face increased penalties in your current Domestic Battery case. Our lawyers will aggressively challenge any prior convictions. For instance, if your prior Domestic Battery conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Domestic Battery penalties. Call The Atias Law Firm today to see how your prior convictions may impact your current Domestic Battery charge.

What Should I do about a Domestic Battery charge in Orange County?

Contact our office today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.