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. Azusa Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Azusa, California
About Azusa
Azusa is a city in Los Angeles County, California, United States. The population was 46,361 at the 2010 census, up from 44,712 at the 2000 census. Though sometimes assumed to be a compaction of the phrase "everything from A to Z in the USA" from an old Jack Benny joke, the place name "Azusa" traces back to at least the 18th century. Azusa originally referred to the San Gabriel Valley and river, and likely derives from the Tongva place name Asuksagna.
The first Western settlement in Azusa consisted of a three mile land grant from the Mexican Government to Luis Arenas in 1841. In 1844 Arenas sold the land to Henry Dalton, an Englishman, for $7,000. Dalton, whose adjacent lands included the Rancho San Francisquito and the Rancho Santa Anita, built a winery, distillery, vinegar house, meat smokehouse and flour mill, in addition to planting a vineyard.
With the cession of California to the United States following the Mexican-American War, the 1848 Treaty of Guadalupe Hidalgo provided that the land grants would be honored. As required by the Land Act of 1851, a claim for Rancho San Francisquito was filed with the Public Land Commission in 1852, confirmed by the Commission in 1853, but rejected by the US District Court in 1855, on the grounds that Henry Dalton was not, at the time of the grant, a citizen of Mexico. The decree was reversed by theUS Supreme Court, and the grant was patented to Henry Dalton in 1867.
Dalton eventually signed the land over to Los Angeles banker Jonathan S. Slauson in 1880. Slauson laid out the plan for the city in 1887 and the city was officially incorporated in 1898.
The city is located at the entrance to the San Gabriel Canyon (hence the city's nickname, The Canyon City) and on the east side of the San Gabriel River.
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