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 Monica Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Monica, California
About Santa Monica
Santa Monica is a beachfront city in western Los Angeles County, California, United States. Situated on Santa Monica Bay, it is bordered on three sides by the city of Los Angeles – Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and Venice on the southeast. Santa Monica is home to many Hollywood celebrities and executives and is a mixture of affluent single-family neighborhoods, renters, surfers, professionals, and students. The Census Bureau 2010 population for Santa Monica is 89,736.
Partly because of its agreeable climate, Santa Monica had become a famed resort town by the early 20th century. The city has experienced a boom since the late 1980s through the revitalization of its downtown core with significant job growth and increased tourism.
The Santa Monica Looff Hippodrome (carousel) is a National Historic Landmark. It sits on the Santa Monica Pier, which was built in 1909. The La Monica Ballroom on the pier was once the largest ballroom in the US and the source for many New Year's Eve national network broadcasts. The Santa Monica Civic Auditorium was an important music venue for several decades and hosted the Academy Awards in the 1960s.McCabe's Guitar Shop is still a leading acoustic performance space as well as retail outlet. Bergamot Station is a city-owned art gallery compound that includes the Santa Monica Museum of Art. The city is also home to the California Heritage Museum and the Angels Attic dollhouse and toy museum.
Santa Monica has three main shopping districts, Montana Avenue on the north side of the city, the Downtown District in the city's core, and Main Street on the south end of the city. Each of these districts has its own unique feel and personality. Montana Avenue is a stretch of luxury boutique stores, restaurants, and small offices that generally features more upscale shopping. The Main Street district offers an eclectic mix of clothing, restaurants, and other specialty retail.
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