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. Calabasas Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Calabasas, California
About Calabasas
Calabasas is an affluent city in Los Angeles County, California. It is located in the hills west of the San Fernando Valley and is in the northwest Santa Monica Mountains between Woodland Hills, Agoura Hills, West Hills, Hidden Hills and Malibu, California. As of the 2010 census, the city population was 23,058, up from 20,033 at the 2000 census. The city was formally incorporated as an independent city in 1991. Prior to that the area was an unincorporated portion of Los Angeles County.
The Leonis Adobe, an adobe structure in Old Town Calabasas, dates from 1844 and is one of the oldest buildings in the greater Los Angeles area.
It is generally accepted that Calabasas as the city name is derived from the Spanish calabaza meaning "pumpkin," "squash," or "gourd" (cf. with the word calabash). Some historians hold the theory that Calabasas is a translation of the Chumash word calahoosa.
In honor of its namesake, the City of Calabasas and the Calabasas Chamber of Commerce hold an annual Pumpkin Festival in October, including carnival games, exhibits, demonstrations, and live entertainment. The festival has evolved from a small town fair to a significant annual event. Though the current Pumpkin Festival is held at Juan Bautista de Anza Park in Calabasas, the original festival was meant to have taken place where (and commemorated), according to legend, a traveling wagon carrying pumpkins overturned and started the area's first pumpkin patch.
The City's official logo, depicting the red-tailed hawk flying over the Santa Monica Mountains, symbolizes a commitment to preserving the community's natural beauty and semi-rural quality of life. The City logo is featured on the Calabasas City flag which is flown in front of City Hall and hangs in the City Council Chambers.
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