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. Arcadia Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Arcadia, California
About Arcadia
Arcadia is a city in Los Angeles County, California, United States located approximately 13 miles (21 km) northeast of downtown Los Angeles in the San Gabriel Valley and at the base of the San Gabriel Mountains.
It is the site of the Santa Anita Park racetrack and home to the Los Angeles County Arboretum and Botanic Garden. The city had a population of 56,364 at the 2010 census, up from 53,248 at the 2000 census. The city is named after Arcadia, Greece.
In 2012, Arcadia was ranked 7th in the nation on CNN Money magazine's list of towns with highest median home costs.
In 2010, Bloomberg Business week named Arcadia as one of the "Best Places to Raise Your Kids: 2010" for the second year in a row.
Arcadia's beginnings go back over 3,000 years to the Tongva ("Gabrielino") Indian tribe, whose inhabitants lived in what is today Los Angeles County. Their fluid borders stretched from the San Gabriel Mountains in the north to Long Beach in the south, and from the island of Pimu (Catalina) in the west into today's San Bernardino County to the east. These people were also known as the Gabrielinos, a name taken from the Spanish San Gabriel Mission (in present-day San Gabriel, California) and under whose control these people worked during the mission period in California. One of Arcadia's settlements of these Native Americans was known as Aleupkigna (or Aluupkenga) on what later became the Rancho Santa Anita, one of many land grants created during Mexican rule of California (1821–1848). The Tongva are still alive and well today, living in the Los Angeles area and other neighboring communities.
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