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. El Segundo Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in El Segundo, California
About El Segundo
El Segundo is a city in Los Angeles County, California, United States. El Segundo, from Spanish, means The Second in English. Located on the Santa Monica Bay, it was incorporated on January 18, 1917, and is one of the Beach Cities of Los Angeles County and part of the South Bay Cities Council of Governments. The population was 16,654 at the 2010 census, up from 16,033 at the 2000 census.
The El Segundo and Los Angeles coastal area was first settled by the Tongva (or Gabrieleños) and Chumash Native American tribes hundreds of years ago. The area was once a part of Rancho Sausal Redondo ("Round Willow Patch Ranch"). Rancho Sausal Redondo extended from Playa Del Rey in the North to Redondo Beach in the South. Originally a Mexican land grant owned by Antonio Ygnacio Avila, the rancho was later purchased by a Scottish baronet named Sir Robert Burnett. After his return to Scotland, the property was purchased by then current manager of the rancho, Daniel Freeman. Daniel Freeman sold portions of the rancho to multiple owners. George H. Peck (1856–1940) owned the 840 acres (3.4 km2) of land the Chevron Refinery now sits on. Peck also developed land in neighboring El Porto where a street still stands to his name.
The city earned its name ("the second" in Spanish) as it was the site of the second Standard Oil refinery on the West Coast(the first was at Richmond in Northern California), when Standard Oil of California purchased the 840 acres (3.4 km2) of farm land in 1911. The company was renamed Chevron in 1984, and the El Segundo refinery will soon enter its second century of operation. The city was incorporated in 1917.
In 2006, El Segundo won an Eddy award for being the most business-friendly city in L.A. County. El Segundo is in transition from being a predominantly blue-collar 'company town' to being a 'corporate' town where the tax base relies on a non-resident working population. Pollution and toxic waste cleanup remain issues as El Segundo converts industrial sites to shopping malls and sports facilities. The north and south boundaries of the town are the LAX airport and Manhattan Beach, with the Pacific Ocean as the western boundary. Aircraft noise from LAX is a major issue for residents on the north side of El Segundo. Residents are currently active in tree-planting along Imperial Highway.
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