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. Gardena Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Gardena, California
About Gardena
Gardena is a city located in the South Bay (southwestern) region of Los Angeles County, California, United States. The population was 58,829 at the 2010 census, up from 57,746 at the 2000 census. The city of Gardena has the highest percentage of Japanese in North America.
Based on archaeological findings, Tongva Indians hunted and fished in the area of today's Gardena. The Tongva Indians — also known as Gabrielino Indians — are probably descendants of those who crossed from Asia to North America around 10,000 years ago.
In 1784, three years after the foundation of Los Angeles, Juan Jose Dominguez (1736–1809), a Spanish soldier who arrived in San Diego, California in 1769 with Fernando Rivera y Moncada, in recognition of his military service, received the roughly 43,000-acre (170 km2) Spanish land grant, the Rancho San Pedro. Part of this land contained what became known as Gardena Valley. After the American Civil War veterans bought parts of the land, soon ranchers and farmers followed suit. Union Army Major General William Starke Rosecrans in 1869 bought 16,000 acres (65 km2). The "Rosecrans Rancho," was bordered by what later was Florence Avenue on the north, Redondo Beach Boulevard on the south, Central Avenue on the east, and Arlington Avenue on the west. The Rosecrans property was sub divided and sold in the early 1870s. One of those became the 650-acre (2.6 km2) Amestoy Ranch. Gardena proper began in 1887 when the Pomeroy & Harrison real estate developers subdivided the ranch, and-anticipating that the coming of the Los Angeles and Redondo Railway. Civil War veteran Spencer Roane Thorpe is credited with starting the first settlement in Gardena in 1887. Railroads put Gardena on the map following a real estate boom in the Los Angeles area in the 1880s. Some believe the city was named for its reputation for being the only "green spot" in the dry season between Los Angeles and the sea. Because of its acres of berries, the city was dubbed "Berryland". The Strawberry Day Festival and Parade was held each May annually. The berry industry suffered at the time of World War I as other crops were supported by the war economy. Japanese Americans settled in Gardena throughout its history. Their community was the subject of a 60 Minutes report in 1970.
The only way Gardena could protect itself from a heavy county tax imposed on a planned project at a park site was to incorporate. The City of Gardena became incorporated on September 11, 1930.
Gardena is bordered by Athens on the north, the Los Angeles neighborhood of Harbor Gateway on the east and south, Torrance on the southwest, Alondra Park on the west, and Hawthorne on the northwest.
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