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. Artesia Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Artesia, California
About Artesia
Artesia is a city in southeast Los Angeles County, California. Artesia was incorporated on May 29, 1959 and is one of Los Angeles County's Gateway Cities. The city has a 2010 census population of 16,522. Artesia is surrounded on the west, south, and east sides by Cerritos, with Norwalk to the north.
Artesia is the home of the East West Ice Palace, an ice rink which is co-owned by Michelle Kwan. It was also the childhood home of former First Lady Pat Nixon, who lived there from 1914 to 1931, though the property on which she grew up is now part of neighboring Cerritos.
The village of Artesia was established upon the completion of the Artesia School District on May 3, 1875. It was named for the many flowing Artesian wells in the area, which made the village ideal for farming and agriculture.
In the 1920s and 1930s, Dutch and Portuguese farmers developed Artesia into one of the most important dairy districts in Southern California.
After World War II, as with many other cities in the region, Artesia was pressured by developers to build residential tracts. The city of Dairy Valley was incorporated in 1956, and later became the city of Cerritos. As the demand for housing continued, dairymen moved their operations further east into Chino and north into the Central Valley. Artesia finally incorporated on May 29, 1959.
In 1993, the Artesia Historical Society was formed, with the mission of preserving and protecting the archives and historic sites of the city. In 2002, the Historical Society salvaged and restored one of the last remaining Spanish styled homes in the city into a historical civic museum open to the public.
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