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. El Centro Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in El Centro, California
About El Centro
El Centro is a city in and county seat of Imperial County, the largest city in the Imperial Valley, east anchor of the Southern California Border Region, and the core urban area and principal city of the El Centro metropolitan area, which encompasses all of Imperial County. El Centro is also the largest American city to lie entirely below sea level (-50 feet). The city, located in the far southeastern corner of California, is near the major Southern California cities of San Diego and Los Angeles to its west as well as Phoenix and Tucson to its east.
Founded in 1906, W. F. Holt and C.A. Barker purchased the land on which El Centro was eventually built for about $40 an acre and invested $100,000 in improvements. As one historian of Valley life put it, "in only five months El Centro went from a barley field to a city...". It is home to retail, transportation, wholesale, and agricultural industries. There are also two international border crossings nearby for commercial and noncommercial vehicles. The city's population was 42,598 at the 2010 census, up from 37,835 in 2000. As of May, 2012, the El Centro Metropolitan Statistical Area ranked 371st out of 372, with the second highest unemployment rate among American cities, at 26.8% (surpassed only by Yuma, Arizona, with a rate of 28.9%).
Spanish explorer Melchor Díaz was one of the first Europeans to visit the area around El Centro and Imperial Valley in 1540. The explorer Juan Bautista de Anza also explored the area in 1776 (an elementary school in El Centro now bears his name). 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.
Originally part of San Diego County, the Imperial Valley was settled by farmers once water from the Colorado River was diverted via canals to irrigate the desert valley floor.
In 1906, the land on which El Centro was later built was purchased by W. F. Holt and C.A. Barker.
By 1907 Imperial County was incorporated into California and by then much of the valley was successfully irrigated.
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