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. Brawley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Brawley, California
About Brawley
Brawley (formerly, Braly) is a city in Imperial County, California, United States. Brawley is located 13 miles (21 km) north of El Centro. It is located about 70 miles west of Yuma, Arizona, 95 miles southeast of Palm Springs and 130 miles east of San Diego. The population was 24,953 at the 2010 census, up from 22,052 in 2000. The town has a significant cattle and feed industry, and hosts the annual Cattle Call Rodeo. Year-round agriculture is an important economic activity in Brawley. Summer daytime temperatures often exceed 105 °F (41 °C).
The Imperial Land Company laid out the town in 1902 and named it Braly in honor of J.H. Braly, who owned the land. After Braly refused to permit the use of his name, the name was changed to Brawley. The first post office at Brawley opened in 1903.
Incorporated in 1908, it was a "tent city" of only 100 persons involved in railroads and the earliest introduction of agriculture. It had a population of 11,922 in 1950, but population growth was slow from the 1960s to the early 1990s.
At the 2000 census, the city had a total area of 5.8 square miles (15 km2), all land except for the Alamo and New Rivers that pass through the town (the latter of which has been reported as the most polluted river in North America). Brawley's elevation (like other Imperial Valley towns) is below sea level.
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