Aggravated Battery
For many of the individual crimes that fall under the heading of domestic violence, California law will impose enhanced penalties when aggravating circumstances are present. A common example of this is in the case of domestic battery which, according to California Penal Code 243(e)(1) is a misdemeanor crime. This is because a domestic battery crime does not require that the victim actually be injured. Thus, the maximum penalty for a misdemeanor domestic battery charge is $2,000 and up to one year in a county jail.
However, when specific circumstances exist, a domestic battery charge can be enhanced to the more serious aggravated domestic battery charge. In order to be charged with aggravated battery, the victim must have suffered a serious bodily injury as a result of the battery act.
Aggravated battery is governed by California Penal Code section 243(d). Accordingly, an aggravated domestic battery charge falls under the auspices of the state’s wobbler law. In other words, it is entirely up to the prosecutor whether to charge you with a misdemeanor domestic battery charge or the more serious felony aggravated battery charge. The decision will come down to the aggravating circumstances and, because the state tends to take a touch stand against domestic violence, if any injury whatsoever occurred, you will likely be facing a felony charge. If convicted for felony aggravated battery, you will serve anywhere from two to four years in a state prison.
The distinction between a domestic battery and an aggravated battery charge is small. In fact, sometimes the prosecution will charge you with an aggravated felony charge even when no injury occurred as part of their ‘get tough’ stance against domestic violence. To ensure your rights are protected, you should consult an experienced Los Angeles domestic violence defense attorney, who can review your charges and evaluate what your best defense – or defenses – are.
The Law Offices of Jonathan I. Kelman practices only in California criminal defense and have a wealth of experience in defending against aggravated domestic battery charges. For your free initial consultation, call the Law Offices of Jonathan I. Kelman at 310.286.1218.