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. Bell Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Bell, California
About Bell
Bell is an incorporated city in Los Angeles County, California, near the center of San Antonio Township. Its population was 35,477 at the 2010 census, down from 36,664 in the 2000 census. Bell is located on the west bank of the Los Angeles River and is a suburb of the city of Los Angeles. At 2.5 square miles (6.5 km2), Bell is number thirteen in the list of the 25 smallest cities in the United States that have a population of at least 25,000 (ranked from smallest to largest in area).
In 2007, the U.S. Census Bureau ranked Bell's land area at 1245 out of 1257 cities (defined as incorporated areas) and two unincorporated areas that had a population of at least 25,000 in year 2000. Ten cities in the list of 1267 cities had no land area data (e.g., Goleta, California).
City residents voted to become a charter city in a special municipal election on November 29, 2005. Fewer than 400 voters turned out for that special election. More than half of those votes were dubiously obtained absentee votes. Being a charter city meant that city officials were exempt from state salary caps. A scandal ensued, in which several city officials were indicted for giving themselves extraordinarily high salaries.
The area comprising the city of Bell has a Native American history dating back thousands of years. The Gabrieliño Indians migrated to the place now called Bell in 500 B.C. Spaniards have been living in this area of California since the mid-16th century. Among the early Spanish settlers was one of California’s first families, the Lugos. While stationed at Mission San Antonio de Padua near Salinas, California, Francisco Lugo’s first California son, Antonio Maria Lugo was born in 1775. That son became Don Antonio Maria Lugo, Spanish aristocrat and soldier, who settled on 30,000 acres of land that encompasses what is now the city of Bell. In 1810, the King of Spain formally granted the land to Lugo as a reward for his military service. Lugo also became the mayor of a little town called Los Angeles, from 1816–1819, and the acreage became known as Rancho San Antonio. The grant was confirmed by the Mexican governor in 1838. By 1865, the Lugo family's fortune had dwindled and most of the Rancho was sold for less than a dollar per acre. The Lugo family did manage to retain its home, built about 1810, which is the now oldest house in Los Angeles County. The original adobe house was on Gage Avenue.
Between 1870 and 1890 settlers arrived to the area and among those was the city’s founder. In 1876, the pioneer residents for whom the city is named, James George Bell and his wife Susan Abia Hollenbeck Bell, and their two children, Maude Elizabeth and Alphonzo Sr. moved from Los Angeles where they lived for a short period with Susan's brother, John Hollenbeck, in their Victorian style home — the Bell House, now a historic landmark located at 4401 East Gage Avenue. On April 6, 2000, the Bell House was dedicated as a California State Historical Resource.
They acquired about 360 acres (1.5 km2) of land and in the next decade, helped in its development as a small farming and cattle raising community. The Bell Family lived at the Hollenbeck’s “Town House” on 4th and Breed Street until they moved into the “ranch” Bell House in 1876. The Bell House was an early Victorian style farm house. In 1898, the town’s name was changed from Rancho San Antonio, to Bell, in honor of its pioneer founders.
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