There are several legal defenses that can be used to defend against a domestic battery charge, including:
It's worth noting that in some jurisdictions, the use of force to discipline a child is not considered as a defense for domestic battery. And in some states, there are also laws that prohibit the use of alcohol or drugs as a defense for domestic battery.
It's important to note that the success of these defenses will depend on the specific facts and circumstances of the case, and the laws and procedures of the jurisdiction where the case is being tried. It's recommended to consult with an experienced criminal defense attorney to evaluate the best defense strategy in your specific case.
In the State of California, domestic battery (also known as "corporal injury on a spouse or cohabitant" under California Penal Code section 273.5) is a criminal offense that can be charged as either a misdemeanor or a felony depending on the circumstances of the case.
If the domestic battery is considered a misdemeanor, the penalties may include:
If the domestic battery is considered a felony, the penalties may include:
It's worth noting that in California, domestic battery is considered a "wobbler" offense which means that the prosecutor has discretion to charge it as a misdemeanor or a felony depending on the facts of the case and the offender's criminal history. Factors that may influence the decision to charge a domestic battery as a felony include the severity of the victim's injuries, the use of weapons, and the offender's prior criminal record.
It's also important to note that if the victim suffers great bodily injury, the charges can be elevated to "corporal injury with great bodily injury" which is a more severe charge with harsher penalties.
Regardless of the classification of the offense, it is important that you seek the assistance of competent legal counsel to help you best understand your legal defense while identifying an outcome that best minimizes your risk. We here at the H Law Group patiently await your call.