California Domestic Battery: What You Need To Know
There are three ways someone can be prosecuted for battery under California’s domestic violence laws. “Simple domestic battery”, “willful infliction of corporal injury” and “aggravated battery” each has a slightly different angle on when and how it would be filed. Below is a brief description of these differences.
California Penal Code 242 battery is "any willful and unlawful use of force or violence upon another person." This offense is usually charged when the person committing the battery has no domestic-type relation to the alleged victim.
California Penal Code section 243 (e) (1) “simple domestic battery” is the misdemeanor charge and, therefore, the least serious of these three domestic violence offenses. To be convicted here, all you have to do is intentionally “touch” your “intimate partner” in an offensive or angry manner…that’s it…he/she doesn’t even need to be injured, only offended. 243 (e) (1) also has a broad definition of “intimate partners”. Here, your “intimate partner” includes your fiancé or fiancée, your current or former spouse, someone with whom you live or lived, anyone you are or were dating, or the parent of your child.
California Penal Code section 273.5 “willful infliction of corporal injury” is a bit more serious, in that it requires the accuser to at least suffer some type of injury. The accuser must sustain a “traumatic condition” which can actually be as insignificant as a red-mark or scratch. Here, your “fiancé/fiancée” and “people you are or were dating” do not qualify as “intimate partners”. Although this section could be filed as either a misdemeanor or a felony, it would typically only be filed over the 243(e)(1) above if prosecutors were pursuing the felony allegation.
California Penal Code section 243 (d) “aggravated battery” is the felony “catchall” for domestic battery purposes. This section, too, can be filed as either a misdemeanor or a felony, but would typically only be used in a spousal abuse situation if there was a “serious bodily injury” -- rising to felony level -- and the accuser didn’t meet the definition of “intimate partner” in 273.5 above.
