Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Imperial County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Imperial County, California
| Imperial County Domestic Violence Attorney | |
| El Centro Domestic Violence Attorney | Calipatria Domestic Violence Attorney |
| Calexico Domestic Violence Attorney | Holtville Domestic Violence Attorney |
| Brawley Domestic Violence Attorney | Westmorland Domestic Violence Attorney |
| Imperial Domestic Violence Attorney | |
About Imperial County
Imperial County is a county located in the Imperial Valley, in the far southeast of the U.S. state of California, bordering both Arizona and Mexico. It is part of the El Centro Metropolitan Area, which encompasses all of Imperial County. The population as of 2010 was 174,528. The county seat is the city of El Centro. Established in 1907, it was the last county to be established in California. Imperial County is also part of the Southern California border region, also referred to as San Diego-Imperial, the smallest but most economically diverse region in the state.
Although this region is a desert, with high temperatures and low average rainfall of three inches (seventy-five mm) per year, the economy is heavily based on agriculture due to irrigation, supplied wholly from the Colorado River via the All-American Canal.
The Imperial Valley is a melting pot of European American and Hispanic cultures. On the American side, the majority of residents are of Mexican American heritage, while the Mexican side was greatly influenced by American culture for many decades. The entire valley is a multi-racial mixture of European Americans, East Asian Americans, South Asian Americans, some African Americans and Native Americans.
Spanish explorer Melchor Díaz was one of the first Europeans to visit the area around Imperial Valley in 1540. The explorer Juan Bautista de Anza also explored the area in 1776. Years later, after the Mexican-American War, the northern half of the valley was annexed by the U.S., while the southern half remained under Mexican rule. Small-scale settlement in natural aquifer areas occurred in the early 19th century (the present-day site of Mexicali), but most permanent settlement (Anglo Americans in the U.S. side, Mexicans in the other side) was after 1900.
In 1905, torrential rainfall in the American Southwest caused the Colorado River (the only drainage for the region) to flood, including canals that had been built to irrigate the Imperial Valley. Since the valley is partially below sea level, the waters never fully receded, but collected in the Salton Sink in what is now called the Salton Sea, the world's only artificial inland sea.
Imperial County was formed in 1907 from the eastern portion of San Diego County. The county took its name from Imperial Valley, itself named for the Imperial Land Company, a subsidiary of the California Development Company, which at the turn of the 20th century had claimed the southern portion of the Colorado Desert for agriculture. Much of the Imperial Land Company's land also existed in Mexico (Baja California). The objective of the company was commercial crop farming development.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
