California Penal Code 243(e) is sometimes referred to as spousal abuse, domestic battery, or domestic violence, and covers the crime of violence against a party in a relationship. Domestic violence can be charged as a misdemeanor offense, or as a felony offense, depending on the injuries.
You can be charged with a crime under California Penal Code 243(e) if you are accused of willfully using violence or force against a person that you are in a dating relationship with, were married or engaged to, are married or engaged to, or who you have a child with.
If you are charged under California Penal code 243 (E), the state will carry the burden to prove you guilty of your crimes of willfully using violence or force against your spouse, and keep in mind, the victim does not really have to be hurt for you to be proven guilty.
Spousal battery or domestic violence without significant injuries is considered to be a misdemeanor. As a misdemeanor, if proven guilty, you face serious punishment such as a up to a maximum fine of $1,000, three years of informal probation and a sentence of up to 1 year in jail, plus minimum, payment of any restitution, payment of a victim reimbursement fee, and attendance at a mandatory 52 week counseling program at your expense.
California Penal Code Section 243(e) is often charged with other crimes, including making terrorist threats, false imprisonment, assault or battery, and, depending on the facts, sometimes with assault with a deadly weapon, or with sexual assault charges.
If you are facing charges of California Penal Code Section 243(e), it is best to get yourself a good criminal defense lawyer to help you out with your case. An experience defense lawyer will help you to assess the entire situation and find ways to either minimize the penalties and punishment against you if plead, or are proven guilty, or present facts and defenses that show your innocence.
This is especially important if you are falsely accused by your spouse, or if the entire situation was actually self defense, but your spouse had make it sound different on the police report - making you out to be as the aggravator. Often, as you might expect, what is reported is a “he said, she said” situation, but police look for as much physical evidence as possible, under the theory that physical evidence doesn’t lie. Either way, it is best to seek the help of an experience defense lawyer or attorney.