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. Lawndale Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lawndale, California
About Lawndale
Lawndale is a city in Los Angeles County, California, United States. The population was 32,769 at the 2010 census, up from 31,711 according to the 2000 census. The city is in the South Bay region of the Greater Los Angeles Area.
From the 1780s onward, the area that is now Lawndale was part of the Rancho Sausal Redondo, a land grant given by the Spanish colonial government that includes much of what is now the South Bayshore region. In 1905 Charles B. Hopper first subdivided the area and named it after a Chicago suburb. Lots sold slowly and different promotions were tried such as promoting Lawndale as a chicken raising area. The first railway to run through Lawndale was the Inglewood Division of the Redondo Railway which would later become part of the Pacific Electric "Red Car" system. It ran down the middle of Railway Ave. (now Hawthorne Blvd.) until 1933. In 1927 the Santa Fe railroad arrived. After World War II, the immense demand for housing from returning veterans and California newcomers resulted in Lawndale's formation as a bedroom community. On December 28, 1959 it was incorporated as a city in Los Angeles county.
Starting in the 1970s Lawndale's relatively low housing prices but more desirable location relative to its neighboring cities attracted absentee landlords and a substantial portion of its residents increasingly became renters.
For a time in the 1980s, with new cycle of expansion of defense industry nearby, many young people who wished to live in the Beach Cities found that they simply could not afford to do so, and settled in less glamorous inland cities such as Lawndale. But with the contraction of this industry after the cold war, Lawndale reverted to its previous pattern. Lawndale has attempted to attract more owner–residents, as well as tourists with the 2003 completion of the "Beautify Lawndale" urban renewal project along the city's stretch of Hawthorne Boulevard (State Route 107), a major South Bay thoroughfare.
A large electronic billboard was installed and began running advertising in 2004 until it was realized that the sign violated a city ordinance prohibiting advertising of out-of-town businesses on signs of that nature. For its first 18 months the sign was sponsored by Fox and promoted upcoming television shows and movies under the Fox label. It also later gained and lost a sponsorship with Acura before its current sponsorship for Los Angeles radio station 100.3 – The Sound. The billboard is said to generate Lawndale $200,000 annually.
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