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. Montebello Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Montebello, California
About Montebello
Montebello (Italian for beautiful mountain) is a city in Los Angeles County, California, United States, located in the southwestern area of the San Gabriel Valley on 8.4 sq mi (22 km2) 8 mi (13 km) east of downtown Los Angeles. It is considered part of theGateway Cities, and is a member of the Gateway Cities Council of Governments. In the early 20th century, Montebello was a well-known source for oil reserves. At the 2010 census, the population was 62,500; according to the California Department of Finance, the estimated population of Montebello on January 1, 2011, was 62,789.
Before the arrival of the Spaniards in the area known today as Montebello, the land along the Rio Hondo River was populated by the Tongva (Gabrielino) portion of the Uto-Aztecan family of Native Americans. The Tongva occupied much of the Los Angeles basin and the Santa Catalina islands, San Nicolas, San Clemente and Santa Barbara; when Spanish explorer Juan Rodrigues Cabrillo arrived off the shores of Santa Catalina in 1542, he was met by the Tongva people. Because the language of the Tongva was different from the neighboring tribes it was called "Gabrielino" by the Spanish. As more non-natives arrived and settlements were established, illness and disease came with them. By 1870, the area had few remaining indigenous inhabitants as disease brought by the Europeans killed many of the Tongva.
An area of 200 acres (81 ha) adjacent to the tracks of what was formerly the San Pedro, Los Angeles & Salt Lake Railroad was developed into a townsite called Newmark. The remainder of the land was subdivided into 5 acres (2.0 ha) lots suitable for small-scale agriculture. On Mulholland's suggestion, Montebello was adopted as the city's name, replacing the original name Newmark. The name, Montebello, means "beautiful mountain" in Spanish.
Montebello has a history of being home to a significant Japanese community. Prior to being sent to internment camps during World War II, the city's four plant nurseries were owned and operated by Japanese-Americans. Many of those sent to the camps found they had lost their land, homes, and businesses upon their return to Montebello. Montebello was also home to a significant Japanese community. The city's Japanese residents operated the four nurseries in town, but were sent to internment camps during World War II. Japanese-Peruvian and Japanese-Hawaiian communities later settled in the area after WWII. When the Japanese citizens returned from the internment camps after the war, most found they had lost their property. One of the nurseries had been taken over and cared for by a loyal employee, a young French-American, Fred Sarrazin. After the war, he returned the nursery to its rightful owner, George Mori. In turn, Mr. Mori gave Sarrazin employment at the nursery for his lifetime, and the Mori Nursery was able to continue under its original name. Today, the Japanese population in Montebello is over 11% of the total population.
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