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. Temple City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Temple City, California
About Temple City
Temple City is a city in Los Angeles County, California. Temple City is part of a cluster of cities, along withArcadia, Rosemead, Monterey Park, San Marino, and San Gabriel, in the west San Gabriel Valley with a rapidly growing Asian population. Temple City also has a Cuban and Puerto Rican community, among other Latino nationalities. The population was 35,558 at the 2010 census.
The town of Temple was originated on May 30, 1923 when Walter P. Temple (June 7, 1870 - November 13, 1938), (Workman and Temple Family Homestead Museum) purchased 400 acres (2 km2) of land four miles (6 km) east of San Gabriel which had been part of Lucky Baldwin's Rancho Santa Anita.
Temple, the son and tenth child of Pliny Fisk Temple and William Workman's daughter Antonia Margarita Workman, was born on Rancho La Merced, which is today part of the city of Montebello. This was the site of the original San Gabriel Mission, founded by the Franciscan Fathers next to the rich bottom lands of the San Gabriel River. Historically called "Rio de los Temblores", which means the River of the Earthquakes. It is today known as the Rio Hondo River.
Temple envisioned building a community where average people could afford to live and own their homes. He then divided the area into lots and laid out the park facing Las Tunas Drive. He named other streets after friends and family: Workman, Kauffman, Rowland, Temple and Agnes. Bond issues initiated by Temple were responsible for street paving and electricity. Temple also petitioned the Pacific Electric Railway Company to extend its Los Angeles to Alhambra line to a depot adjacent to Temple City Park. The extension of the railway contributed to the steady growth of Temple City.
The town was originally called "City of Temple", but the Postmaster General demanded a name change in 1926 because the mail was instead being directed to the Phoenix suburb of Tempe. It was officially was designated Temple City but remained a City in name only until after the post-World War II population explosion. The redundancy in the name City of Temple City came when Temple City incorporated on May 25, 1960.
Currently, Temple City is a destination for East Asian, Eastern European, Middle East and Latino immigrants, especially Chinese-Americans. Rosemead Boulevard has several strip malls catering to a largely Asian but diverse customer base. A German-American community thrived there in the early 20th century.
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