Does battery with injury or battery without injury satisfy the statutory definition of domestic violence?

Since a battery may be accomplished by "the least touching," it would not necessarily require bodily injury or fear of serious bodily injury. (See People v. Wilkinson (2004) 33 Cal.4th 821, 839 [discussing battery with injury and battery without injury].) As a result, defendant is correct that not every crime of domestic battery ( 243, subd. (e)(1)) would satisfy the statutory definition of domestic violence ( 13700, subds. (a)&(b)).

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The People assert battery fits within the statutory definition of domestic violence because the definition includes "attempting to cause bodily injury." ( 13700, subd. (a).) The People reason that if an attempted act is domestic violence, then a consummated act of battery would also be domestic violence. The People's reasoning is problematic because they are failing to address the "bodily injury" aspect of the definition. Since a battery can involve the "least touching," a battery does not necessarily include bodily injury. (See People v. Wilkinson, supra, 33 Cal.4th at p. 839 [discussing battery with injury and battery without injury].) Since the People do not resolve this problem, we find their reasoning to be unpersuasive.