Battery on a Spouse

Battery on a spouse, also called spousal battery, is a form of domestic violence and punished very severely in California. Spouse abuse can be charged either as a felony or a misdemeanor. There are two types of battery on a spouse that are most frequently charged.

The first type of common spousal battery is based on Penal Code section 273.5, called corporal injury to a spouse or cohabitant. This type of crime is typically charged when the battery results in a visible injury on the person’s body. The law calls this injury a "traumatic condition." This crime can be charged even when the injury is a tiny bruise or scratch.

The second type of common spousal battery is based on Penal Code 243(3)(1), called domestic battery. This crime is typically charged when the battery does not result in a visible bodily (or corporal) injury. The important thing to remember here is that any time a person touches his or her spouse in a rude or offensive way, even if non-violent, that person can be charged with battery on a spouse under this section of the Penal Code.

At Wallin & Klarich, our attorneys have decades of experience defending people of the crime battery on a spouse. We have had thousands of these types of cases dropped by persuading the judges and prosecutors that our clients were wrongly accused of this particular crime. We would appreciate the opportunity to help you. Contact us as soon as possible to receive our assistance in freeing you of this awful criminal allegation. You can reach us toll free at 1-888-749-0034.