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. Rancho Palos Verdes Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Rancho Palos Verdes, California
About Rancho Palos Verdes
Rancho Palos Verdes (sometimes abbreviated RPV) is a city in Los Angeles County, California, that was incorporated on September 7, 1973. The population was 41,643 at the 2010 census. Rancho Palos Verdes translates from Spanish as Green Mast Farm or Green Pole Farm, referring to the North American tree species Parkinsonia florida (blue palo verde).
Rancho Palos Verdes is an affluent suburb of Los Angeles. Sitting atop the Palos Verdes Hills and bluffs of the Palos Verdes Peninsula, it is known for expansive views of the Pacific Ocean. The history of Rancho Palos Verdes dates back to the Spanish explorers and the establishment of the first Spanish rancho land grant in California. Its most notable geographic features are the Palos Verdes Hills and cliffs with grand vistas of the Pacific Ocean, and views of Santa Catalina Island.
Wayfarers Chapel designed by Lloyd Wright and built between 1949 - 1951 is on the National Register of Historic Places. Point Vicente Lighthouse was built in 1926 and is also on the National Register of Historic Places. Point Vicente Interpretive Center opened in 1984 with a mission to present and interpret the unique features and history of the Palos Verdes Peninsula. The almost 10,000-square-foot (930 m2) expanded Interpretive Center, re-opened on July 15, 2006, features exhibits on the natural and cultural history of the Peninsula, with a special emphasis on the Pacific gray whale. This premier whale watch site provides spectacular opportunities to view the annual migration of the Pacific gray whale, from December through April. The former Marine land of the Pacific (1954–1987) site was re-developed and is now occupied by the Terranea Resort, which opened in June, 2009. The city is also home to Trump National golf course, one of eleven in the Trump portfolio of courses. Portuguese Bend landslide, one of the largest continuously moving landslides in North America, is located along the southern coastal area. Together with the Palos Verdes Peninsula Land Conservancy, in 2009 the city completed the acquisition of a total of two square miles of open space land, the Palos Verdes Nature Preserve, the largest such preserve of coastal open space north of San Diego and south of Santa Barbara.
The 2010 United States Census reported that Rancho Palos Verdes had a population of 41,643. The population density was 3,092.6 people per square mile (1,194.1/km²). The racial makeup of Rancho Palos Verdes was 25,698 (61.7%) White, 1,015 (2.4%) African American, 80 (0.2%) Native American, 12,077 (29.0%) Asian, 41 (0.1%) Pacific Islander, 748 (1.8%) from other races, and 1,984 (4.8%) from two or more races. Hispanic or Latino of any race were 3,556 persons (8.5%).
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