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. Downey Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Downey, California
About Downey
Downey is a city located in southeast Los Angeles County, California, United States, 21 km (13 mi) southeast of downtown Los Angeles. The city is best known as the birthplace of the Apollo space program, and is the hometown of Richard and Karen Carpenter. As of the 2010 census, the city had a total population of 111,772.
Prior to the arrival of the Spanish in Alta California, the area that now comprises Downey was inhabited by the Tongva ethnic group, which came to be called the Gabrielino by the Spanish. The nearest Tongva settlements appear to have been just north and northeast of present-day Downey, although there is difficulty is locating them very precisely. The villages of Naxaaw’ngaand Sehat seem to have been situated near the present-day community of Los Nietos, or perhaps farther west on sites that were lost to floods of the San Gabriel River. Chokiishnga and Huutnga are other Tongva place names that may have referred to villages in the general area north of Downey between the San Gabriel River and Rio Hondo. In all four cases, it is difficult to relate the original location descriptions, based on ranchos and land grants, to more specific sites identifiable by today’s landmarks.
Mission San Gabriel Arcángel was initially founded on September 8, 1771, near these concentrations of Tongva population, at a site in the Whittier Narrows on a bluff overlooking the Rio Hondo near the intersection of today’s San Gabriel Blvd and Lincoln Avenue. After five years, flooding forced the relocation of the mission to its present site in San Gabriel.
Some of Downey's settlers came from Ireland. Downey was founded by and named for the former and youngest ever governor of California, John Gately Downey, who was born in Ireland. Although he was an Irish Democrat, he supported the Republican Lincoln in his efforts to keep the Union intact during the American Civil War. He pioneered the modern subdivision with land he acquired between the Rio Hondo and the San Gabriel River, in about 1865. Downey was convinced that oranges would flourish in Southern California, so he imported several varieties, and therefore set in motion what became one of the state's biggest cash crops. In conjunction with the construction of the Tehachapi Loop, the Southern Pacific Railroad arrived in 1873.
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