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. Bishop Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Bishop, California
About Bishop
Bishop (formerly, Bishop Creek) is a city in Inyo County, California, United States. Though Bishop is the only city and the largest populated place in Inyo County, the county seat is Independence. Bishop is located near the northern end of the Owens Valley, at an elevation of 4,150 feet (1,260 m). The population was 3,879 at the 2010 census, up from 3,575 at the 2000 census. The town was named after Bishop Creek, flowing out of the Sierra Nevada: the creek was named after Samuel Addison Bishop, a settler in the Owens Valley.
Bishop is known as the "Mule Capital of the World" and a week long festival called Bishop Mule Days has been held since 1969 on the week of Memorial Day, celebrating the contributions of pack mules to the area. The festival attracts many tourists, primarily from the Southern California area.
The Bishop Creek post office operated from 1870 to 1889 and from 1935 to 1938. The first Bishop post office opened in 1889.
In order to provide water needs for the growing City of Los Angeles, water was diverted from the Owens River into the Los Angeles Aqueduct in 1913. The Owens River Valley cultures and environments changed substantially. From the 1910s to 1930s the Los Angeles Department of Water and Power purchased much of the valley for water rights and control. The economy of Bishop suffered when farmers sold their land. Jack Foley, a Bishop resident and sound effects specialist, mitigated the economic loss by persuading several Los Angeles studio bosses that the town of Bishop would be ideal as a location to shoot westerns.
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