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. Diamond Bar Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Diamond Bar, California
About Diamond Bar
Diamond Bar is an affluent community in eastern Los Angeles County, California, United States. The population was 55,544 at the 2010 census, down from 56,287 at the 2000 census. It is named after the "diamond over a bar" branding iron registered in 1918 by ranch owner Frederick E. Lewis.
Located at the junction of the Pomona and Orange freeways, Diamond Bar is primarily residential with shopping centers interspersed throughout the city. It is surrounded by the suburban cities, such as Brea, Walnut, Chino Hills, and Rowland Heights. The city features a public Los Angeles County golf course.
Diamond Bar has the first hydrogen fueling station to be built in Southern California, near the South Coast Air Quality Management District (AQMD) building.
In 1840, Jose de la Luz Linares received the 4,340-acre (1,760 ha) Mexican land grant Rancho Los Nogales (Ranch of the Walnut Trees) from Governor Juan Alvarado. The land grant included Brea Canyon and the eastern Walnut Valley. Linares died in 1847, and his widow sold a part of the ranch to Ricardo Vejar for $100 in merchandise, 100 calves, and the assumption of her late husband's debts. Vejar also owned the Rancho San Jose to the east, and acquired the rest of Rancho Nogales over the next 10 years.
But Vejar's luck did not last that long. As time wore on - and particularly as the United States government took over California - Rancho Los Nogales was divided and sold into multiple land ranches, the largest of which was the Diamond Bar Ranch. At the time, it was one of the largest working cattle ranches in the western U.S. The entire Diamond Bar Ranch was acquired by the Transamerica Corporation in the 1950s for the purpose of developing one of the nation's first master-planned communities. Transamerica gave the Diamond Bar name to its new community and incorporated the ranch's familiar diamond and bar cattle brand into various logos (many of which are still in use today).
The first houses in this development were built in 1960, adjacent to the future location of the Pomona Freeway, which was built through the area ten years later. The town's development and population grew extremely quickly after that.
Transamerica oversaw all development of the community through the 1960s. The Transamerica Corporation divested itself of all its real estate ventures in the 1970s and 1980s. As a result, the Diamond Bar project was sold to multiple developers and much of its initial master plan was not implemented during the latter half of its development in the 1980s. The City of Diamond Bar was incorporated on April 18, 1989.
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