| Defending a California Penal Code 243(e): Spousal | | | | from an attacker, they can utilize force to do so. For |
| Domestic Violence | | | | instance, if a mother is in the middle of hitting her |
| California Penal Code 243(e) is defined as a willful | | | | own child and an older sibling knocks the mother to |
| infliction of force or violence upon your intimate | | | | the ground to stop the attack - hitting her head on |
| partner. This charge is also commonly called domestic | | | | the counter as she falls, the mother may claim |
| violence, domestic abuse or spousal assault. This can | | | | domestic violence. However, since the older sibling |
| include any form of physical violence such as pushing, | | | | was acting in defense of her younger sibling - it is |
| hitting, shooting, etc. This is one of the most | | | | actually permitted by law. If the force was used in |
| common charges in California that are considered | | | | defense of others, the charges of domestic violence |
| criminal, and individuals charged of this crime should | | | | will likely be dropped. |
| contact a criminal defense attorney right away. | | | | Accident |
| Defenses Used for California Penal Code 243(e): | | | | There are cases where individuals are injured by |
| Attorneys use a number of defenses in order to | | | | accident, and because of anger or miscommunication, |
| lesson the charges or have the domestic violence | | | | someone is charged with domestic violence. For |
| charges thrown out. A competent attorney will use | | | | instance, Marcus and Maria are arguing, and Marcus |
| the details of the case and the circumstances | | | | storms out of the house and gets into the car. Maria |
| surrounding the case to prove his or her client's | | | | follows him in an attempt to stop him, but he slams |
| innocence. Some possible defenses include: | | | | the car door as she sticks her hand out - injuring her |
| Self-Defense | | | | hand by accident. Even though the two of them |
| It is permitted by California law to use force in order | | | | were arguing, Marcus didn't mean to injure Maria's |
| to defend yourself. For instance, if a husband comes | | | | hand. Through her anger, she may have seen it as a |
| toward his wife with his fist drawn back, appearing | | | | willful act, or she may just want to 'get back' at |
| as if he is going to hit her, the wife has the right to | | | | Marcus by calling the police. |
| defend herself. If she should happen to pick up a | | | | Anyone who has been accused of domestic violence |
| weapon and hit him in the knee, for instance, to | | | | should contact a criminal defense attorney right |
| make him fall to the ground - she is not a criminal and | | | | away. The attorney can begin strategizing a legal |
| a domestic violence charge is not warranted. She is | | | | defense as soon as he or she finds out the details of |
| allowed to use enough force to stop the attack on | | | | the case and what happened. This can prevent the |
| herself. | | | | accused from paying large fines and/or facing jail |
| Defense of Others | | | | time that is undeserved. In some cases, the charges |
| By the same token, if one is defending someone else | | | | could be dropped all together. |