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 Fe Springs Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Fe Springs, California
About Santa Fe Springs
Santa Fe Springs (Spanish: santa—holy, fe—faith) is a city in Los Angeles County, California, United States. It is one of theGateway Cities of southeast Los Angeles County. The population was 16,223 at the 2010 census, down from 17,438 at the 2000 census.
It is bordered by the unincorporated West Whittier-Los Nietos to the north, Pico Rivera to the northwest, Downey to the west, Norwalk to the southwest, Cerritos to the south, La Mirada and the unincorporated South Whittier to the east, and Whittier to the northeast.
In 1907, the Union Oil Company of California began drilling near the intersection of Norwalk Blvd. and Telegraph Road, locally known as "Four Corners," with the spudding in of the Meyer No. 1 well. That well, and a subsequent one, failed. In 1921 the Union-Bell well blew in as a 2,500-barrel gusher and set off an oil rush by major oil companies and fly-by-night producers. Within a year the Santa Fe Springs oil field was considered one of the richest pools in petroleum history. Santa Fe Springs became a promoters' paradise. Prospective investors were bussed into the field, served a free lunch in circus tents, and told stories about the fortunes made in oil. By 1923 the state legislature limited the amount of stock that could be sold in a well.
In the 1920s the field produced as much as 345,000 barrels daily, exceeding production at Signal Hill and Huntington Beach. As the decade went on, production slowed, and by 1928 the Wilshire Oil Company was drilling in deep sand levels. Production levels dropped each year from then on, but by 1938 the field had yielded a total of more than 440,000,000 barrels of oil.
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