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. Alhambra Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Alhambra, California
About Alhambra
Alhambra is a city (incorporated on July 11, 1903) located in the western San Gabriel Valley region of Los Angeles County, California, United States, which is approximately eight miles from the Downtown Los Angeles civic center. As of the 2010 census, the population was 83,089. The city's ZIP codes are 91801 and 91803 (plus 91802 for P.O. boxes).
Alhambra is named after Washington Irving's book Tales of the Alhambra, not after the Alhambra palace itself. Alhambra was founded as a suburb of Los Angeles in 1903. Alhambra existed as an unincorporated area during the mid-19th century. The first school in Alhambra was Ramona Convent Secondary School built on hillside property donated by the prominent James de Barth Shorb family. Thirteen years before the city was incorporated, several prominent San Gabriel Valley families interested in the Catholic education of their daughters established the school in 1890. The city's first public high school, Alhambra High School, was established in 1898, five years before the city's incorporation. The Alhambra Fire Department was established in 1906. On July 11, 1903, the City of Alhambra was incorporated.
Alhambra was originally promoted as a "city of homes," and many of Alhambra's homes have historical significance. They include styles such as Craftsman, Bungalow, Spanish Mediterranean, Spanish Colonial, Italian Beaux-Arts, and Arts & Crafts. Several residential areas have been designated as Historic Neighborhoods by the city, including the Bean Tract (formerly owned by early resident Jacob Bean), the Midwick Tract (site of the former Midwick Country Club), the Airport Tract (formerly the landing pad for Alhambra Airport), and the Emery Park area. There are also a large number of condominiums, rental apartments, and mixed-use residential/commercial buildings, especially in the Downtown area.
Alhambra is bordered by South Pasadena on the northwest, San Marino on the north, San Gabriel on the east, Monterey Park on the south, and the Los Angeles districts of Monterey Hills and El Sereno on the west.
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