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. Lemoore Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lemoore, California
About Lemoore
Lemoore (formerly, La Tache and Lee Moore's) is a city in Kings County, California, United States. Lemoore is located 7.5 miles (12 km) west-southwest of Hanford, at an elevation of 230 feet (70 m). It is part of the Hanford–Corcoran Metropolitan Statistical Area. The population was 24,531 at the 2010 Census. The California Department of Finance estimated that Lemoore's population was 25,262 on January 1, 2013.
Dr. Lovern Lee Moore from France first made his home in what was western Tulare County, California—now the City of Lemoore—in April, 1871. It was on the northern shoreline (just above the high-water mark) of Tulare Lake, then potentially the largest freshwater body of water in the USA, outside of the Great Lakes. The American pioneers from eastern states saw this as a stretch of vast virgin land on which sheep, horses and wild animals had grazed but had never been cultivated.
At the time of the 2010 census, the median income for a household in the city was $40,314, and the median income for a family was $44,006. Males had a median income of $34,726 versus $25,759 for females. The per capita income for the city was $15,876. About 11.4% of families and 13.4% of the population were below the poverty line, including 18.2% of those under age 18 and 11.3% of those age 65 or over. The unemployment rate in April 2013 was 12.1%.
Lemoore is incorporated as a general law city under the California Constitution. The city has a council-manager government with a city manager appointed by the city council. The city council is made up of five members. The mayor and mayor pro tem are elected by the city council from among its members. In November 2012, the council elected Billy Seigel as mayor and Lois Wynne as mayor pro tem. Other council members include Eddie Neal, John Gordon and Willard Rodarmel . Lemoore's city manager is the chief administrative officer of the city. That post is currently vacant. The previous city manager, Jeff Briltz, was dismissed by the city council during a special meeting held on March 28, 2013. Police Chief Jeff Laws has been named as the interim city manager.
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