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. Hermosa Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Hermosa Beach, California
About Hermosa Beach
Hermosa Beach is a beachfront city in Los Angeles County, California, United States. Its population was 19,506 at the 2010 census, up from 18,566 at the 2000 census.
The city is located in the South Bay region of the greater Los Angeles area and is one of the three Beach Cities. Hermosa Beach is bordered by the other two, Manhattan Beach to the north and Redondo Beach to the south and east.
The city's beach is popular for sunbathing, beach volleyball, surfing, paddle boarding and bars. The city itself extends only about 15 blocks from east to west and 40 blocks from north to south, with the Pacific Coast Highway running down the middle. Situated on the Pacific Ocean, Hermosa's average temperature is 70 degrees in the summer and 55 degrees in the winter. Westerly sea breezes lessen what can be high summertime temperatures in Los Angeles and elsewhere in the county and help keep the smog away 360 days of the year.
A paved path, called The Strand, runs along Hermosa's beach from Torrance Beach in the south approximately twenty miles north to Santa Monica and the Hermosa Beach pier is at the end of Pier Avenue, which is one of the beach community's main shopping, eating and partying areas.
Hermosa Beach was originally part of the 1884 Rancho San Pedro Spanish land grant that later became the ten-mile (16 km) Ocean frontage of Rancho Sausal Redondo. In 1900 a tract of 1,500 acres (6.1 km2) was purchased for $35 per acre from A. E. Pomroy, then owner of the greater part of Rancho Sausal Redondo. Messrs. Burbank and Baker, agents, bought this land forSherman and Clark who organized and retained the controlling interest in the Hermosa Beach Land and Water Company.
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