Battery

Domestic battery, which is also referred to as "spousal abuse" or "spousal battery," is a domestic violence offense involving intimate partners. Intimate partners can include couples who are heterosexual or homosexual and may be married, divorced, living together, have children in common, or be dating or formerly dating.

Battery is referred to as a "wobbler,” meaning an offense that can be charged as either a misdemeanor or a felony depending on the circumstances. Anyone who willfully and unlawfully uses force or violence upon an intimate partner can be charged with misdemeanor battery punishable by a maximum of a one-year jail sentence and a $2,000 fine. This charge can be brought against a defendant even if he or she used the slightest force.

However, any time an intimate partner suffers serious bodily injury, such as broken bones, loss of consciousness or a concussion, the battery will likely be charged as a felony with a maximum penalty of four years in state prison.

When a suspect is arrested on a felony battery charge, or most other California domestic abuse charges, the law forbids the defendant from being released on bail in an amount that is either higher or lower than that contained in the bail schedule or on his or her own recognizance (commonly called OR) without first having a court hearing.

If there is a bail hearing, the judge will consider the defendant's prior criminal history, his or her flight risk, and the facts of the pending case to determine whether to raise or lower the set bail amount or to release the defendant OR. When the judge makes decisions about bail, he or she presumes that the accused is guilty and makes a decision keeping that in mind. With that being the case, it would be quite foolish for anyone to try and take on a bail hearing without first hiring a criminal defense lawyer who has experience with every phase of an intimate partner abuse case.

If the judge denies the defendant an OR release (which is common in intimate partner abuse cases) and the accused must post bail, he or she may be released through one of two different methods: Posting cash bail, or securing a bail bond. To be released on cash bail, the defendant must post certified funds (or cash) in the full amount of the bail with either the arresting agency or with the clerk of the court. If the accused attends every court appearance, the cash will be returned within 60-90 days after the case is resolved. However, if the defendant fails to appear, the cash bond is forfeited to the court.

A bail bond is a contract with a bail agent where the agent agrees to post a bond for the full bail amount. The bondsman will generally charge ten percent of the bond amount as his fee. The bondsman may also require "collateral" (which is usually a car, house or something else of great value) to secure the bond. This means that if the defendant doesn't repay the bond, the bondman has the legal right to keep or sell the defendant's collateral. Once the case is over, the bond is exonerated, and the collateral is then released.

A domestic violence arrest in California is no joke. An accusation can be devastating, emotionally and financially, and a conviction carries severe penalties. One's reputation, career, family and freedom are jeopardized the minute the arrest is made.

Because California is so strict with its battery offenders, it is critical to contact a skilled California defense attorney immediately after being arrested so that the attorney can help the accused navigate through the criminal court system right from the start. In order to secure the best representation from a firm who has successfully defended countless individuals charged with domestic abuse crimes, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.