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. San Dimas Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Dimas, California
About San Dimas
San Dimas is a city located in the San Gabriel Valley, in Los Angeles County, California. As of the 2010 census, the city had a total population of 33,371. The city historically took its name from San Dimas Canyon in the San Gabriel Mountains above the northern section of present day San Dimas. San Dimas is named in Spanish after Saint Dismas, the repentant and crucified thief.
The Tongva Native Americans lived in the area, and along with other tribes, in the region for over 8,000 years. These earliest residents, also referred to as the Tongva-Gabrieliño Tribe, of what is now known as San Dimas became part of the Mission Indians after Spanish colonization from the Mission San Gabriel occupied their lands in the late 18th century.
The first known European exploration of the area was in 1774, when Juan Bautista De Anza passed through on the first overland expedition of Las Californias, fromNew Spain-Mexico towards Monterey Bay. The area was originally developed in 1837 with the Mexican land grant from Governor Juan Bautista Alvarado toYgnacio Palomares and Ricardo Vejar for the Rancho San Jose, then in Alta California. It later became known as La Cienega Mud Springs, so named because of local mud springs that created a riparian marsh and healing place. Palomares and Vejar conducted sheep and cattle operations on Rancho San Jose, also growing crops for consumption by the residents of the rancho. In the early 1860s, a severe drought decimated the ranch's population of sheep and cattle. Ygnacio Palomares died in 1864, and his widow began selling the ranch land in 1865. Vejar lost his share by foreclosure to two Los Angeles merchants, Isaac Schlesinger and Hyman Tischler, in 1864. In 1866, Schlesinger and Tischler sold the ranch to Louis Phillips.
It was the arrival of the Santa Fe Railroad in 1887 that La Cienega Mud Springs was first mapped. The resulting land boom resulted in the formation of the San Jose Ranch Company, which first laid out streets. Small businesses began to open soon thereafter, and the city took on a new name: San Dimas. Growth was rapid, and San Dimas soon became an agricultural community, wheat and other Midwestern United States crops were planted first, then orange and lemon groves covered the town and the San Gabriel Valley. At one time, four citrus packing houses and a marmalade factory were located in San Dimas.
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