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. Rosemead Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Rosemead, California
About Rosemead
Rosemead is a city in Los Angeles County, California, United States. As of the 2010 census, it had a population of 53,764. Rosemead is part of a cluster of cities, along with Arcadia, Temple City, Monterey Park, San Marino, and San Gabriel, in the west San Gabriel Valley with a growing Asian population.
Prior to the arrival of the Spanish, the area around Rosemead was populated by Native Americans of the Tongva, or as the Spaniards renamed them, the Gabrieleños. In 1771, the Spanish founded the first Mission San Gabriel Arcángel in the area that is now known as Whittier Narrows on the border between Montebello and Rosemead. In 1775, the mission moved to avoid the spring floods that ruined the first crops, to its present location in San Gabriel.
During the Spanish Colonial era, the area that is now the City of Rosemead, was part of the land administered by the San Gabriel Mission. As part of the Mexican government's Secularization Act of 1833, the land, formerly held by the Mission, was generously distributed to private citizens, requiring only that they build a house and graze cattle, brought to an end the Mission Era Following the Mexican-American War and the 1848 signing of the Treaty of Guadalupe which transferred sovereignty over the territory now known as the State of California to the United States, Anglo-American immigration began to flow to the area. The southern part of Rosemead was part of Rancho Potrero Grande (Large Pasture) which was originally granted to a Native American man named Manuel Antonio, who was a "mayordomo" (overseer) at the San Gabriel Mission. The 4,431-acre (18 km2) ranch was later transferred to Juan Matias Sánchez.
In 1852, John and Harriet Guess moved cross-country in an ox drawn wagon, to the San Gabriel Valley from Conway County, Arkansas. In 1855, the couple camped where present-day Savannah Elementary School is located on Rio Hondo Avenue. They rented the land until 1867, when John Guess purchased 100 acres (0.4 km2) of a 1,164-acre (5 km2) ranch and named it Savannah. The land stretched from Valley Boulevard to Marshall Street, and from Rosemead Boulevard to the Eaton Wash.
Other pioneers, Frank Forst and Leonard J. Rose, also settled in this valley. Rose and his wife Amanda bought about 600 acres (2.4 km2) of land between what is now Rosemead Boulevard and Walnut Grove Avenue. Rose bred and trained horses for a living. He named his ranch "Rose\'s Meadow" which was eventually shortened to Rosemeade and gave the city its name. Rosemeade was once again shortened to Rosemead. The peaceful, pastoral community flourished with small truck farms and rabbit and chicken farms. Settlers moved in and also raised vegetables, fruits, grain and feed for the animals. It wasn\'t until August 4, 1959, the citizens elected to incorporate Rosemead into a city.
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