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. Baldwin Park Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Baldwin Park, California
About Baldwin Park
Baldwin Park is a city located in the central San Gabriel Valley region of Los Angeles County, California, United States. As of the 2010 census, the population was 75,390, down from 75,837 at the 2000 census.
Baldwin Park began as part of cattle grazing land belonging to the San Gabriel Mission. It eventually became part of the Rancho Azusa de Dalton and the Rancho La Puente properties. The community became known as Vineland in 1860. By 1906 it changed to Baldwin Park. It was named after Elias J. "Lucky" Baldwin. In 1956 Baldwin Park became the 47th incorporated city in the State of California. Currently the city is pushing to revitalize its economic base. There are six active Project Redevelopment Areas located in strategic areas of the city.
Projects within these redevelopment areas are as diverse, including high-quality senior housing, Home Depot, Starbucks, Harley Davidson, a transit oriented district (TOD) near the Metrolink Train Station and various other thriving businesses.
Baldwin Park is home to the first In-N-Out burger stand, opened on October 22, 1948. It was the first drive-thru in California and was replaced in November 2004 with a new building. The new In-N-Out University and company store opened in 2006 on Francisquito Avenue. Also, the company's sole meatpacking plant is located down the street from the locations at the company headquarters on Hamburger Lane. In/N/Out now has a second meat processing plant in Texas to serve their Texas restaurants.
As of September 1882, the first school house was built on the southeast corner of North Maine and Los Angeles Avenues in 1884. It contained two rows of double seats, a central aisle leading to the teacher's desk, and a heating stove at the north end. Mr. Frazier was the first teacher. In April 1888, The Vineland School District was established according to county records.
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