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PC 243(e)(1) Spousal Battery Charges

HAVE YOU BEEN CHARGED WITH PC 243(e)(1)?

If so, I can help you fight these charges. I have over 20 years of experience exclusively in Criminal Defense and I know how to defend those accused of committing PC 243(e)(1), also known as Spousal Battery.

What does the district attorney have to prove for PC 243(e)(1):
 
  • That YOU committed a battery on the victim;
  • At the time of the battery, the victim was YOUR fiancé or spouse, or a person whom YOU currently have or had, a dating relationship.
This allegation could be charged as a Misdemeanor (from Probation including up to 1 year in county jail)
 

California Penal Code section 243(e)(1) states:

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.

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