Matthew J. Ruff Domestic Violence Law Blog on Lawyers.com

The short answer to this question is no.  In California, the criminal statutes differentiate between the crime of battery when the victim is a spouse compared to a non family member.  Normally an arrest for the crime of battery would carry a punishment of a small fine and probation.  However, when the offense involves a spouse the crime falls into the category of a domestic violence offense which carries with it increased penalties upon a conviction. 

The non-domestic violence crime of battery is regarded as a fairly low level misdemeanor whereas the spousal battery is commonly regarded as a serious offense.  The Court will likely impose one full year of domestic violence counseling along with heavier fines, the stripping away of all gun ownership rights and a more stringent probationary sentence, even if no jail is imposed.  Having a assault and battery defense attorney representing you at the Court proceedings can often result in the charge being reduced or a disposition that is minimal.