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. Santa Clarita Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Clarita, California
About Santa Clarita
Santa Clarita is the third largest city in Los Angeles County, California, United States and the nineteenth largest city in the state of California. The 2012 population estimate from the California Department of Finance is 204,951. The city recently annexed a number of unincorporated areas contributing to the large population increase from the 2010 U.S. Census. The 2010 U.S. Census reported the city's population grew 16.7% from the year 2000 to 176,320 residents. It is located about 35 miles (56 km) northwest of downtown Los Angeles, and occupies most of the Santa Clarita Valley. It is a notable example of a U.S. edge city or boomburb. Santa Clarita was ranked as number 18 of the top 100 places to live by Money magazine in 2006.
Santa Clarita was incorporated in 1987 as the union of several previously existing communities, including Canyon Country, Newhall, Saugus, and Valencia, all of which are the land of the former Rancho San Francisco. Its principal boundaries are the Golden State (I-5) and Antelope Valley (SR-14) freeways. Their merger in Newhall Pass at the city's southernmost point gives Santa Clarita a triangular appearance on the map.
Santa Clarita is usually associated with the Six Flags Magic Mountain amusement park, though the park is located just outside city limits in unincorporated Los Angeles County, and the California Institute of the Arts (CalArts), located in Valencia.
Santa Clarita was only fairly recently incorporated, in December 1987, but its history stretches back several centuries. At around AD 450, the Tataviam people arrived, numbering about 2,000 at their zenith.
In 1842, six years before the better-publicized discovery in the Sacramento area, Francisco Lopez made the first documented discovery of gold in California (the document is a mining claim signed by Gov. Juan B. Alvarado in that year). The discovery was made in Placerita Canyon, an area later used as Hollywood's original back lot.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
