Domestic Battery In California – Penal Code Section 243 (e)(1)
When you work with our team, we will guide you through each step of the bail bonds process, from the initial arrest to your bail bond being exonerated.
Our bail bondsman’s goal is to help you get your friend or loved one out of jail as quickly as possible.
The Bail Bonds Process
When in jail for a domestic abuse charge such as domestic battery, an individual should try to get out quickly. Here is the most common process people go through, from arrest to getting out on bail:
- You are arrested on a domestic violence charge.
- The next morning, you must appear before a judge who will go over your case, dictate a penalty, and set bail if the sentence includes jail time.
- The bail amount will depend on factors such as criminal history and the seriousness of the charge.
- Your loved ones might want to get you out of jail, but not have enough money to post bail.
- They can contact a bail agency for help, which usually requires them to put down a percentage of the amount (sometimes 10%, but this can vary depending on the charges).
- The person who is interested in bailing you out (known as a co-signer or indemnitor) has the legal responsibility for the bail bond and is responsible for the defendant’s appearing in court.
- Even if your loved ones still don’t have enough money to put this percentage down, they can use a valuable item as collateral, like a car, while the rest is paid in cash.
- After the bond agency accepts the payment, they begin working on the indemnity agreement paperwork and contacting the jail where you are detained to arrange your release.
- A bail bond agent from the agency will take care of the rest, posting bail at the jail where you are arrested and securing your release.
- Please remember that although this process can be completed if everything’s done correctly, an agency cannot begin working until the defendant has been through the process of arrest and booking, which can take longer.
Recently there has been increased attention brought to domestic violence cases from the media, lawmakers, and society, resulting in strict penalties for anyone convicted, so your process may vary or may even be altered by the notoriety of your charge.
How Much Is Bail For Domestic Battery?
The exact charges a person faces when being charged in a case of domestic abuse may depend on what they did directly.
In general, cases of domestic violence are reported as cases of misdemeanor. For such cases, the initial bail payment is typically approximately 10% of the sum. However, several technical aspects can affect the cost of bail-bonds for domestic violence.
A domestic violence charge under penal code 273.5 is a “wobbler,” which means that depending on the circumstances of the case and the extent of damage, it is either a misdemeanor or a felony.
The code section is a misdemeanor, and if a person is convicted of domestic battery, then they are pursuant under the California Penal Code Section 243(e)(1) and face a maximum of 1 year in county jail. The accused may also face:
- A maximum fine of $2,000
- Informal probation for up to three years
- A domestic battery charge considered a felony under criminal code 243(e)(1)
Domestic violence under PC 273.5 requires that the victim suffers an injury, while a domestic battery case only requires harmful or offensive touching.
A person will be charged with criminal threats if they threaten the person or take their cell phone out of their hands, in this case, they may also be charged for vandalism or for dissuading a witness, which is a serious crime.
What Is Considered Domestic Battery?
Domestic violence (also called intimate partner violence (IPV), domestic abuse, or relationship abuse) is a pattern of behaviors that one partner uses to maintain power and control over another partner in an intimate relationship.
In California, there are two types of domestic violence crimes that a person can be charged with:
- “Domestic Battery” according to Penal Code Section 243(e)(1)
- Corporal Injury To A Spouse or Cohabitant
To prove that a person is guilty of “domestic battery” the prosecutor must prove that the accused willfully and unlawfully touched the victim/accuser in a harmful or offensive manner and that the victim/accuser was one of the following:
- Former spouse
- Former cohabitant
- Current fiancé
- Former fiancé
- A person they currently or previously had a dating relationship with
- The mother or father of their child
Domestic violence can occur outside the home, but if the relationship is proven to have been perceived by one side or the other as an abusive partnership, it may fall into this category.
Examples of Domestic Battery Under California Law
People who are physically abused can have repeated injuries with the excuse of accidents, frequently miss work, school, or social occasions, and dress in clothing designed to conceal bruises or scars. An example of domestic battery can be:
David and Jesse are a couple, and they’re fighting in their home. Jesse tells David that she hates him and doesn’t want to see him again. She pushes David away in an angry way; David doesn’t get injured. Still, Jesse can be charged with domestic battery under Penal Code Section 243(e)(1) pc, because even the slightest touching can be enough to commit a battery if it is done rudely or angrily.
Also, domestic violence or domestic battery cases can involve controlling the family income and not allowing the victim access to money by rigidly limiting their access to family funds. Abusers who use emotional or psychological abuse often throw in threats of physical violence or other repercussions if you don’t do as they want.
Getting Out Of Jail When Arrested For Domestic Battery In California
Under California Penal Code Section 1203.097 PC, the court is required to impose specific mandatory probation terms, such as a protective order and a batterers’ class. Even so, the court and the prosecutor will often take the defendant’s lack of record into account and may impose probation conditions designed to correct behaviors rather than punish them.
The most common defenses an experienced criminal defense attorney can use to defend an accused against a charge of a “domestic battery” are:
- They acted in self-defense (which can be used as a shield against the charge) or in defense of others
- They were in a situation where they would’ve suffered a significant bodily injury if they didn’t protect themselves or someone else.
However, for this to apply, the force used by the accused to repel the sinister force must be proportionate (i.e., fair and not excessive). Also, the accused must stop once the force has been repelled, and the threat subsided. If that wasn’t the case, then the accused may not be able to use that defense.
If you or a family member have been arrested for a domestic violence offense, it is crucial to meet with a domestic violence criminal defense attorney immediately.
If you need help with your bail, call now for 24-hour domestic violence bail bond services: (800) 224-5911
We have several offices throughout Southern California where we can meet you. Check out the map below to find the location closest to you. We have convenient locations in Santa Ana, Newport Beach, Norwalk, Torrance, Irvine, Costa Mesa, Long Beach, San Pedro, Lakewood, Whittier, & Anaheim.
Domestic Battery FAQ
A- There are three key things you need to know:
- Where is the defendant in custody? Includes city, state, and prison names.
- What is the person’s full name and booking number in jail? To contact the jail, the bail agent will need this information.
- How much is the bail? With the bail number, you will tell the bail bondsman how much it would cost to post a bond and conditions to get the person out of jail.
A – It can be anywhere, usually by people in relationships, families, or marriages. People who have children together can be domestically abused as well. It doesn’t matter if it’s on the street, in the home, in the car, or in a hospital. It is considered domestic abuse if you are in an intimate relationship with them (marriage, relationship, family, etc.).
A- Technically speaking, unless you have extenuating circumstances, you cannot leave the State unless you are on bail. The local court handling your case and the bonding company who wrote your bail bond must pre-approve these rare occurrences that could cause you to leave the State.
A- There is no specific answer, it all depends on the conditions, such as what prison the prisoner is in, what crime has been committed, the amount of bail, and the duration of the court case. Typically, bail is set the day after the defendant is charged, but if the arrest occurs on a weekend or night, they will have to wait for the court’s next business day to see a judge and get bail.
While this is a challenging and stressful situation, you can try to converse with an organization without any time expectations. Bail bond agencies are great at telling you how long the process should take for your loved one to be out of jail and keeping you updated every step of the way.
A – There is no actual guideline that defines every single item you can use as collateral for bail. The five most commonly used items are vehicle, real estate, precious metals and jewelry, savings and investments, and pawnable items.
A- If this is allowed by your agreement with the bail bond provider, you may revoke your agreement and cancel your responsibility for the bail. You will do so if you suspect the defendant is trying to miss a bail date or is not meeting the bail conditions. If you want to cancel a bond, please contact the agent as soon as possible. The lawyer will notify the court, and the suspect will be held by some means before he or she can obtain bail. Fees may be associated with canceling a bond, which will be explained to you by the agent.
A – Expungement of your criminal conviction under Penal Code Section 243 is possible if you were convicted of a misdemeanor or otherwise did not serve time in state prison, a factor that will render your conviction ineligible for expungement relief. A felony in California under this code section, however, provides for state prison time.
Domestic battery offenses can remain on your record for at least three years. It will stay forever on your record unless you take action to remove it. You must be deemed a bare minimum of three years from the date of conviction to apply. If you have any other felony convictions, it can make the case more difficult to resolve.
It is essential to know that an expungement does not result in the complete eradication of your conviction record. It remains accessible to persons considering you for public employees and law enforcement and court personnel for a sentence enhancement if you commit a subsequent felony offense.
A- Non Citizens should be aware that an automatic immigration hold can be triggered by being arrested or detained for a domestic violence offense.
Whenever a noncitizen ends up in custody, the Department of Homeland Security (DHS) would be notified, and the noncitizen would be placed in an immigration hold, which will prevent them from being released from custody. This hold tells the jail not to release the noncitizen, even at the end of the sentence of detention. Instead, DHS will place the noncitizen in federal custody once the prison term is finished and the removal proceedings begin.
