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. Duarte Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Duarte, California
About Duarte
Duarte is a city in Los Angeles County, California, United States. As of the 2010 census, the city population was 21,321, down from 21,486 at the 2000 census.
It is bounded to the north by the San Gabriel Mountains, to the north and west by the cities of Bradbury and Monrovia, to the south by the city of Irwindale, and to the east by the cities of Irwindale and Azusa.
Duarte is located on historic U.S. Route 66 which today follows Huntington Drive through the middle of the city. The town holds an annual Salute to Route 66 Parade on the third weekend in September on Huntington Drive.
Around 500 B.C., a band of Shoshonean-speaking Indians established settlements in what is now the San Gabriel Valley. These native Americans came to be called the Gabrieliño Indians (after San Gabriel, the local mission) by early Spanish explorers, but now prefer to be called the Tongva. The Tongva did not practice agriculture, but instead relied upon the wild seeds, berries, and plants that grew near the rivers and marshlands. Since the San Gabriel Valley area was home to large numbers of oak trees such as coast live oak and interior live oak, a staple of the Tongva diet was an acorn mush made by boiling acorn flour.
Duarte's history with Europeans dates back to 1769, when all land in California was claimed by the king of Spain. The first Europeans visited the San Gabriel Valley, including Duarte, during a 1769 expedition from San Diego to Monterey Bay commanded by Don Gaspar de Portolà. Accompanying Portolà was a Franciscan priest from Father Junipero Serra's order in Mexico, Juan Crespí, who served as the diarist of the expedition. Much of what is known of early California is known only from the detailed descriptions recorded by Crespi.
On September 8, 1771, the Franciscans established the Mission San Gabriel Arcangel in the San Gabriel Valley. The mission was a resting point for early California travelers and gathered most of the native Tongva into an agricultural lifestyle. Following Mexican independence in 1821, the mission lands were nationalized.
On May 10, 1841, the governor of Alta California, Juan Bautista Alvarado, granted to former Mexican corporal Andrés Duarte and his wife nearly 7,000 acres (28 km2) of prime land in the central-northern San Gabriel Valley. Duarte named his new holdings "Rancho Azusa de Duarte". The name Azusa was derived from Asuksa-gna, the name of the Tongva settlement on the Foothills of California, on the western side of the alluvial fan where the San Gabriel River exits the San Gabriel Mountains; a portion of this area forms the northeastern-most corner of Duarte. That land grant now comprises portions of Arcadia, portions of Monrovia, all of Bradbury, all of Duarte, portions of Irwindale, portions of Azusaand a portion of Baldwin Park. Corporal Duarte had the local Indians build a small hut for his family and help him plant a kitchen garden and orchards near "the Indian Springs of the Asuksas" in Fish Canyon.
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