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. Covina Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Covina, California
About Covina
Covina is a small city in Los Angeles County, California about 22 miles (35 km) east of downtown Los Angeles, in the San Gabriel Valley region. The population was 47,796 at the 2010 census, up from 46,837 at the 2000 census. The city's slogan, "One Mile Square and All There" was coined when the incorporated area of the city was only (some say slightly less than) one square mile, making it the smallest city in area in the country.
Covina is often confused with West Covina which is actually larger in both area and population, located to its south and west side. Irwindale lies to the west, as well as the unincorporated area of Vincent, and the city of Baldwin Park. Azusa and Glendora are to the north, the unincorporated community of Charter Oak to the northeast, San Dimas to the east, the unincorporated areas of Ramona and Via Verde, and the city of Pomona to the southeast.
The city was founded in 1882 by Joseph Swift Phillips, on a 2,000 acres (8.1 km2) tract that was purchased from the John Edward Hollenbeck holdings. Hollenbeck purchased the failed coffee plantation of a Puerto Rican, Senor Badillo, the latter who purchased it from the heirs of John A. Rowland in 1875. The City of Covina was named by a young engineer, Frederick Eaton, who was hired by Phillips to survey the area. Impressed by the way in which the valleys of the adjacent San Gabriel Mountains formed a natural cove around the vineyards that had been planted by the region's earlier pioneers, Eaton merged the words "cove" and "vine", and in 1885, created the name Covina for the new township.
The city's slogan, "One Mile Square and All There" was coined by Mrs F. E. Wolfarth, the winner of a 1922 slogan contest sponsored by the Chamber of Commerce, when the incorporated area of the city was only (some say slightly less than) one square mile, making it the smallest city in area in the country.
The city was incorporated in 1901. It would be orange and grapefruit trees, not vineyards, that would soon blanket the area and make it famous. By 1909, the city was the third largest orange producer in the world, and it still claimed to have "the best oranges in the world" as late as the 1950s. Since World War II, however, the orange groves have been largely replaced by single family and multiple family dwellings.
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