Domestic Violence Crimes

Crime: Domestic Battery

Code Section: Penal Code 243(e)(1)

Related CALCRIM: 841

Brief Summary:

There are several criminal charges in California that address domestic violence. Penal Code 243(e)(1) is a misdemeanor offense that punishes domestic battery. It is one of the less severe domestic violence charges and is often charged when there has been a domestic violence incident that did not result in any physical harm or injury to the alleged victim.

PC 243(e)(1) Elements:

To prove someone guilty of this crime, the government must prove:

1. The defendant willfully and unlawfully touched someone in a harmful or offensive manner;
2. The person touched is the defendant’s current or former spouse/cohabitant/dating partner/parent of the defendant’s child;
3. The defendant did not act in self-defense.

PC 243(e)(1) Punishment:

A violation of Penal Code 243(e)(1) is a misdemeanor with a maximum exposure of up to a year in county jail. A mandatory 52-week batterer’s treatment program is required if probation is granted. Other fines, fees, and possible probation terms could be applied. Penal Code 243(e)(1) is a priorable offense, meaning that any convictions of PC 243(e)(1) on your record within the last seven years can be used against you in the future if you are later convicted of a similar offense.

PC 243(e)(1) Lesser Included Offenses:

A lesser included offense is one that contains all of the elements of the charged offense, but for which the consequences are less severe. Typically, a conviction for a lesser included offense only occurs when there is no conviction for the more serious offense. An attempt is often times a lesser included offense to a charged offense and occurs when the defendant intended and tried to commit the charged offense, but for whatever reason, was unable to finish committing that crime. The following are other lesser included offenses for Penal Code 243(e)(1):

• Penal Code 240-Simple Assault
• Penal Code 242-Battery

PC 243(e)(1) Related Charges:

• Penal Code 240-Simple Assault
• Penal Code 242-Battery
• Penal Code 273.5(a)-Domestic Violence
• Penal Code 273.6(a)-Violating A Protective Order