Domestic Battery | Penal Code § 243 (e)(1)

Description

The crime of Domestic Battery is when unlawful touching is committed against a spouse or cohabitant, or anyone with whom the defendant currently or previously had a dating or engagement relationship. Charges can be filed even if the victim is not injured, only that the defendant used force or violence against the other person. Examples of Domestic Battery are pushing your boyfriend during a fight or grabbing the shirt of your ex-wife and ripping it or pulling the hair of a former girlfriend.

What does the prosecutor have to prove?

1. Defendant committed battery upon Victim.
2. At the time of the battery, Victim was the defendant’s spouse or finance, or an individual with whom defendant currently has, or has previously had, a dating relationship. [Cal Crim No. 841]

Punishment

Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	May
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	Yes
Is this charge considered a “firearm conviction” for immigration purposes?	No