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. Paramount Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Paramount, California
About Paramount
Paramount is a city in Los Angeles County, California, United States. According to the 2010 census, the city had a total population of 54,098 down from 55,266 at the 2000 census. Paramount is part of the Greater Los Angeles Area; and is bordered by Compton and Lynwood to the west, South Gate and Downey to the north, Bellflower to the east and south, and Long Beach to the south.
The city today known as Paramount was originally identified in 1781 by Spanish settlers of New Spain. It was organized under two old Spanish Ranchos; on the west, Rancho San Pedro, and on the east, Rancho Los Nietos (now portions of the cities of Santa Fe Springs and Whittier). These ranchos were established under the Spanish Empire and granted by King Carlos III in 1784. In 1834, Rancho Los Nietos was partitioned into five smaller ranchos including Rancho Los Cerritos and Rancho Los Alamitos, which both encompased parts of Paramount.
After the Mexican-American War California was ceded to the United States. The then-unincorporated community of Paramount was created in 1948 when the United States Postmaster General ordered the merger of the post offices of Hynes and Clearwater (Pitt 1997:381). The name was taken from Paramount Boulevard, the main north-to-south surface street extending through the city. The city officially incorporated January 30, 1957 following a successful "Save Paramount for Paramount" campaign to fight annexation by Long Beach, Bellflower, and South Gate.
While the Paramount economy was based largely on the hay and dairy industries, the high cost of land led to their local demise. The last Paramount dairy closed in 1977.
The 2010 United States Census reported that Paramount had a population of 54,098. The population density was 11,177.1 people per square mile (4,315.5/km²). The racial makeup of Paramount was 22,988 (42.5%) White, 6,334 (11.7%) African American, 440 (0.8%) Native American, 1,629 (3.0%)Asian, 419 (0.8%) Pacific Islander, 20,023 (37.0%) from other races, and 2,265 (4.2%) from two or more races. Hispanic or Latino of any race were 42,547 persons (78.6%).
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