Spousal Battery Charges

As social creatures and as emotional creatures, getting angry, albeit to varying degrees can be a daily occurrence for many.  People become angry with those who cut them off on the morning commute to work, those who insult them at a bar, and even those closest to them such as family.  Sparks can especially fly within the dynamic relationships that exist between spouses and parents and children.  Arguments can occasionally escalate to violence, and if the police are called, either by someone involved in the event or a witness, someone will likely be arrested.  This is especially the case if someone has been physically harmed.

Specifically, however, spousal battery charges, even though they can arise out of rather dull and uneventful origins can turn into legal nightmares.  At a minimum, such charges can result in having a restraining order against you, barring you from contact with your spouse.  If your spouse is the legal homeowner, guess what? You are temporarily forbidden to live at your own home.  At a maximum, a conviction of domestic assault or battery can lead to heavy sanctions including jail or prison time.  As such, these are cases in which you need an attorney to represent your best interests, and our law firm can do just that.

Such charges can be leveled whenever a person is accused of “inflicting force or violence upon your intimate partner.”  State law allows the term partner to be defined broadly so as to protect people in as many different domestic situations as possible. Charges can be leveled for relatively minor occurrences or serious ones resulting in serious bodily injury or death.  Conviction of such a crime can be used against an individual in the context of adding a strike to his or her criminal record, and therefore endangering his or her freedom under the Three Strike’s Law.  As a result, you need representation that looks at all of the facts to look at factors such as provocation, battery and assault against you by your spouse, which could mitigate your actions, depending upon the nature of your case, etc. Considering that a conviction can have deleterious effects on family life as manifested in loss of custodial rights or visitation rights concerning children, the stakes are particularly high.  Call us to discuss your matter, so we can help defend you.