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. Palmdale Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Palmdale, California
About Palmdale
Palmdale is a city located in the center of northern Los Angeles County, California, United States. Palmdale was the first community within the Antelope Valley to incorporate as a city on August 24, 1962; 47 years later, in November 2009, voters approved creating a charter city. Palmdale is separated from Los Angeles by the San Gabriel Mountainrange. Palmdale's population was 152,750 at the 2010 census, up from 116,670 as of the 2000 census. Palmdale is the 32nd most populous city in California and ranks 158th nationally. According to the Greater Antelope Valley Economic Alliance report of 2009 the Palmdale / Lancaster, CA Urbanized Area (a US Census Bureau defined term) has a population of 483,998.
Over the last 25 years this city has consistently been ranked in the top 25 fastest growing cities in the United States (based on percentage change). As of the 2010 census, the population was 152,750, sixth largest, and fastest growing city in Los Angeles County. With 106 square miles (275 km2) of land in its incorporated boundaries, the city is the second largest city in Los Angeles County, 6th largest in California, and in the top 100 largest cities in the United States in geographic area. Palmdale is also one of the largest cities in the United States that is not currently served by either an Interstate Freeway or a U.S. Highway. Sierra Highway was at one time labeled as U.S. Highway 6 until the State of California truncated it at Bishop.
While Palmdale is still a part of Los Angeles County, the urbanized centers of Palmdale and Los Angeles are separated by the San Gabriel mountain range, which is about 40 miles (64 km) wide. This range forms the southern edge of the Antelope Valley portion of theMojave Desert. Palmdale is the second largest city in the Antelope Valley, and the fifty largest city overall in the Mojave Desert by population, outstripped only by Las Vegas, Henderson, North Las Vegas and Lancaster.
Palmenthal, the first European settlement within the limits of Palmdale, was established as a village on April 20, 1886 by westward Lutheran travelers from the American Midwest, mostly of German and Swiss descent. According to area folklore, the travelers had been told they would know they were close to the ocean when they saw palm trees. Never actually having seen palm trees before, they mistook the local Joshua trees for palms and so named their settlement after them. (Palmenthal is German for Palms Valley.) The village was officially established upon the arrival of a post office on June 17, 1888.
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