Penal Code § 243(e)(1) PC – Domestic Battery – California Law

California Penal Code § 243(e)(1) PC defines domestic battery as using force or violence against

• a cohabitant,
• the other parent of your child, or
• a current or former spouse, fiancé, fiancée, or dating partner.

A conviction is a misdemeanor punishable by

• probation,
• up to $2,000 in fines,
• domestic violence classes, and
• up to one year in county jail.

Domestic battery is a crime of domestic violence in California. However, you can be convicted even without causing pain to or injuring the alleged victim. All that is required is the use of “force” or “violence” against the person.

Examples

• 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

The language of 243(e)(1) PC states that:

“When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiancé, or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. If probation is granted, or the execution or imposition of the sentence is suspended, it shall be a condition thereof that the defendant participate in, for no less than one year, and successfully complete, a batterer’s treatment program, as described in Section 1203.097, or if none is available, another appropriate counseling program designated by the court. However, this provision shall not be construed as requiring a city, a county, or a city and county to provide a new program or higher level of service as contemplated by Section 6 of Article XIII B of the California Constitution.”

This is in contrast to corporal injury to a spouse or cohabitant (PC 273.5), which is a more serious domestic violence law. It requires that the victim suffer some form of physical injury, and it can be a misdemeanor or a felony.

The following table shows the criminal sentences for California’s most common battery crimes:

California Battery Offense	Penalties
Simple battery (PC 242)	Misdemeanor: Up to 6 months in jail and/or $2,000
Aggravated battery causing serious bodily injury (PC 243(d))	Misdemeanor: Up to 1 year in jail and/or $1,000 or Felony: 2, 3, or 4 years in jail (plus 3 to 6 years if the victim suffers great bodily injury) and/or up to $10,000
Battery on a custodial officer (PC 243.1)	Felony: 16 months, 2 years, or 3 years in jail (or 2, 3, or 4 years if the victim sustains great bodily injury)
Battery on a peace or police officer (PC 243(b) & (c)) and Battery on a school employee (PC 243.6)	No injury Misdemeanor: Up to 1 year in jail and/or $2,000
	With injury that requires medical treatment Misdemeanor: Up to 1 year in jail and/or $2,000 or Felony: 16 months, 2 years, or 3 years in jail and/or up to $10,000
Domestic battery (PC 243(e)(1))	Misdemeanor: Up to 6 months in jail and/or $2,000
Sexual battery (PC 243.4)	Misdemeanor: Up to 6 months in jail (or 1 year if there was an aggravating factor) and/or $2,000 (or $3,000 if the victim was your employee) plus Tier I sex offender registration for 10 years. or Felony: 2, 3, or 4 years in prison (or an extra 3 to 5 years if the victim was seriously hurt) and/or up to $10,000 plus Tier III sex offender registration for life (usually).

Our California criminal defense lawyers will explain the following domestic battery topics in this article:

• 1. Elements
• 2. Defenses
• 3. Is domestic battery a felony in California?
• 4. Immigration Consequences
• 5. Expungements
• 6. Gun Rights
• 7. What if the accuser wants to drop the charges?
• 8. Related Crimes
• Additional Resources

1. Elements

California Criminal Jury Instruction (CALCRIM) 841 spells out the elements of domestic battery. For prosecutors to convict you of PC 243(e)(1), they have to prove beyond a reasonable doubt the following three elements:

1. You willfully touched someone in a harmful or offensive manner (which is “simple battery“),
2. The person was your intimate partner, and
3. You did not act in self-defense or in the defense of someone else.¹

We discuss these elements in detail below.

“Willfully”

“Willfully” means you acted

• on purpose, or
• willingly.²

It is not necessary that you intended to:

• break the law, or
• inflict injury on someone else.³

“Harmful or Offensive Touching”

With domestic battery charges, a prosecutor just has to show that you touched someone in a harmful or offensive way. A prosecutor does not have to show that the infliction of touch:

• hurt the alleged victim, or
• caused physical injury to the alleged victim.⁴

Note that the slightest touching can be enough to commit this offense if it is done in a rude or angry way.⁵

Example: Becky is so upset with her husband Steve that she pushes him. Since he is bigger, he barely moves and has no injuries. Here, Becky could be charged with domestic violence. Although Steve was not phased by Becky’s actions, she touched him in an angry and violent manner.

Note that you can be guilty of domestic battery even if you touched a partner indirectly. This means you:

• touched another person or object, and
• that person or object touched the “victim.”⁶

Example: During an argument at a dinner party, David lunges at his wife Carol but never touches her. Rather, he comes into contact with another guest who then falls into Carol. Here, David can be charged with domestic violence because he caused the guest to fall into her.

“Intimate Partner”

Intimate partners under this statute include:

• spouses or former spouses (for example, “spousal battery”),
• persons living together,
• engaged persons (either currently or formerly engaged)
• the other parent of your child, and
• persons that are in a dating, sexual or intimate relationship (either currently dating or formerly dating).⁷

Note that the term “cohabitants” means when:

• there are two unrelated persons living together for a substantial period of time, and
• as a result, there is some permanency of the relationship.⁸

Note too that you may cohabit with two or more people during the same time frame.

The term “dating relationship” means frequent, intimate associations where there is an expectation of:

• affection or
• sexual involvement independent of financial considerations.⁹

Here at Shouse Law Group, we have represented literally thousands of people accused of domestic battery. In our experience, the following three defenses have proven very effective with judges and prosecutors at getting these charges dismissed.

You Acted in Self-Defense

You committed no crime if you:

• believed that you were in “imminent danger,”
• believed that force was necessary to stop the danger, and
• used an appropriate level of force in defense.¹⁰

Typical evidence in self-defense cases includes eyewitness accounts and video surveillance footage.

There Was No Willful Act

It is also not a crime if any force or contact you had with the “victim” was by accident.

Example: During an argument with his boyfriend Peter, Joe grabs a piece of china and throws it at the wall in anger. While the object was not thrown at Peter, a shard from the china ricochets off the wall and injures him. Although Peter was injured, Joe did not commit domestic battery because he had no intention of touching Peter.

As in self-defense cases, the best evidence includes eyewitnesses and video footage.

You Were Falsely Accused

Unfortunately, people get wrongly arrested for domestic violence charges every day. Often, the arrest is based on false allegations initiated out of:

• anger,
• jealousy, or
• a desire for revenge.

We can often find an accuser’s motivation to lie by poring over their text messages, voicemails, etc., and talking to family and colleagues. Once the D.A. sees the accuser is not credible, they may dismiss the case.

3. Is domestic battery a felony in California?

No. A violation of California Penal Code Section 243e1 is a misdemeanor punishable by:

• 1 year in county jail (as opposed to state prison) and/or
• a maximum fine of $2,000.¹¹

A judge may award you with misdemeanor (or summary) probation in lieu of jail time. If probation is granted, then you must complete:

• a batterer’s intervention program (also referred to as “domestic violence classes” or a “batterer’s treatment program”), or
• if one is not available, then another appropriate counseling program.¹²

Judges will also issue a protective order or domestic violence restraining order ordering you not to harm, threaten or harass the alleged victim.

4. Immigration Consequences

A conviction under PC 243e1 is not a “deportable crime of domestic violence” or a “crime of violence.”¹³ Therefore, it should not have any negative immigration consequences.¹⁴

Also see our article on how domestic violence charges affect immigration and deportation.

5. Expungements

Domestic battery convictions can be expunged from your criminal record. You must wait until you complete your

1. jail term or
2. probation.

6. Gun Rights

California Penal Code 29805 PC imposes a 10-year ban on owning or possessing a gun for a PC 243(e)(1) conviction.

Note that under Assembly Bill 818, police must temporarily confiscate any guns:

• at the scene of a domestic violence incident involving a threat to human life or a physical assault or
• when serving you with a domestic violence restraining order.

7. What if the accuser wants to drop the charges?

In some domestic violence cases, the accuser decides that they do not want to “press charges.” Accusers may even recant their previous statements to the police and claim that the incident never happened.

In this situation, though, the prosecutor:

• can proceed with the criminal case and
• continue with the charges against you.

This is because the prosecutor will assume that the “victim” is dropping the charges only because they:

• are being threatened or coerced by you or
• have “made up” with you and no longer want to see you prosecuted.

8. Related Crimes

1. Aggravated battery – PC 243d: Touching or striking another person in a harmful or offensive manner and, by doing so, causing the person to suffer a serious bodily injury. Also called “battery causing serious bodily injury.”
2. Corporal injury to a spouse or cohabitant – PC 273.5: Inflicting corporal injury on a spouse or cohabitant. “Corporal injury” means any physical injury, whether serious or minor. Unlike domestic battery, a “victim” must suffer some injury for you to be guilty of this offense.
3. Elder abuse – PC 368: The physical or emotional abuse, neglect, or also financial exploitation of anyone 65 years of age or older.

Additional Resources

If you are a victim of domestic violence, you can find help and information here:

• California Partnership to End Domestic Violence – List of domestic violence organizations throughout California.
• DomesticShelters.org – Directory of domestic violence shelters in California.
• WomensLaw.org – List of advocates and shelters for domestic violence victims.
• Blue Shield of California Foundation – Resources for survivors, advocates, and allies.
• National Domestic Violence Hotline – 24/7 hotline to profile information and help for domestic violence victims.

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