Battery on Spouse Attorney | Bradley R. Corbett

Why You Need Battery on Spouse Attorney?

Penal Code 243(e)(1) – Domestic Battery in California

As the Law Office of Bradley Corbett, we aggressively defend individuals charged with domestic battery under California Penal Code 243(e)(1). If you or a loved one has been arrested in San Diego County, including Vista Courthouse, East County El Cajon Court, South Bay Chula Vista Court, or the Downtown Courthouse at 1100 Union Street, you need an experienced criminal defense attorney on your side. We understand how these charges arise, how law enforcement handles them, and the best strategies for achieving a favorable outcome in your case. So you will need an experienced battery on spouse attorney.

Understanding Penal Code 243(e)(1)

California Penal Code 243(e)(1) makes it a misdemeanor to commit battery against an intimate partner. Unlike felony domestic violence (Penal Code 273.5), this charge does not require a visible injury. However, even a mere unwanted touch or physical contact can result in an arrest and prosecution.

Elements of the Crime

To be convicted of Penal Code 243(e)(1), the prosecution must prove:

Willful and Unlawful Touching – The defendant must have intentionally touched the victim in an offensive or harmful way. Even if the victim was not injured, the act itself is sufficient.
Against a Protected Party – The victim must be one of the following:
- A spouse or former spouse
- A cohabitant (someone you currently or previously lived with)
- A fiancé(e) or former fiancé(e)
- A dating partner or former dating partner
- The parent of your child
Without Consent – The contact must have been unwanted by the victim.

Examples of Domestic Battery Arrests

Many people arrested for Penal Code 243(e)(1) find themselves in this situation due to minor disputes that escalated unnecessarily. Some common scenarios include:

A verbal argument between partners where one person pushes the other away.
A heated exchange where someone grabs a partner’s arm or blocks them from leaving.
A false allegation made out of anger, revenge, or manipulation.
A third party (such as a neighbor or witness) misinterpreting the situation and calling the police.

Law Enforcement’s Lack of Discretion

One of the most critical aspects of domestic battery cases is that police officers have no discretion—meaning, when they respond to a domestic violence call, they must arrest someone. This policy often results in:

Weak cases with little evidence
He said, she said situations with no proof
Arrests based solely on accusations, even when the alleged victim later recants
Unfair or wrongful arrests, where the wrong person is taken into custody

Many of these cases rely only on a 911 call or a statement made in the heat of the moment. There is often no physical evidence, no injuries, and no credible witnesses. Despite this, prosecutors still aggressively pursue convictions.

Penalties for Penal Code 243(e)(1) Convictions

If convicted of domestic battery, you face:

Up to 1 year in county jail
Fines up to $2,000
Mandatory domestic violence counseling
Restraining orders, preventing you from seeing your family or returning home
Loss of firearm rights
Negative consequences on your employment and immigration status

Defending Against Penal Code 243(e)(1) Charges

At the Law Office of Bradley Corbett, we know how to fight these cases aggressively. We are not afraid to take cases to trial when necessary. Common defense strategies include:

1. False Allegations

Many domestic battery charges stem from false accusations. We investigate the motives behind the accuser’s claims and expose inconsistencies.

2. Lack of Evidence

Since police must make an arrest, they often fail to gather proper evidence. Without physical proof, credible witnesses, or an unbiased account, the prosecution’s case is weak.

3. Self-Defense or Defense of Others

If you were acting to protect yourself or someone else, we argue justifiable self-defense.

4. No Willful or Offensive Contact

Accidental physical contact does not constitute a crime. If the touching was unintentional, we challenge the prosecution’s claim of willful battery.

5. Recanting Witnesses

In many cases, the alleged victim does not want to press charges. While the prosecution may still attempt to pursue the case, a recanting victim significantly weakens their argument.

We Fight to Keep Families Together

Bradley R. Corbett_Criminal Defense Attorney_can help you when accused of battery on spouse

We understand that domestic battery charges can tear families apart. A conviction can mean restraining orders, lost custody, and damage to your reputation. We fight aggressively to protect your rights, your future, and your family. If you have been arrested for Penal Code 243(e)(1) in Vista, El Cajon, Chula Vista, or Downtown San Diego, contact the Law Office of Bradley Corbett immediately. We are not afraid to take your case to trial and fight for your freedom. Contact us today!

619-800-4449 760-201-9839 Contact Us Now!

San Diego Battery on a Spouse/Partner Attorney