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. Walnut Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Walnut, California
About Walnut
Walnut is an affluent city in Los Angeles County, California, United States. The population was 29,172 at the 2010 census and its current mayor is Tom King, a former Detective from the Los Angeles Police Department.
The city of Walnut obtained its name from the Rancho Los Nogales Mexican land grant, nogales being the Spanish word for "walnut." With exceptions to some busy intersections (such as Grand avenue and Amar near Mt. San Antonio College), the hill-dotted city is relatively quiet in comparison to nearby neighborhoods like La Puente and West Covina. The city covers nearly nine square miles (23 km2) and is home to hundreds of businesses.
The history of Walnut dates back to the Indians who were of Shoshone origin. They were called "Gabrielino Indians" by the Spaniards, who arrived in the early 19th century, because the Indians lived in an area controlled by the San Gabriel Mission. Walnut was primarily used for the grazing of cattle and sheep by the Mission. The city of Walnut got its name from the nut,walnut.
The first Mexican land grants in the Walnut area were those of Rancho San Jose granted to Ricardo Vejar and Ygnacio Palomaresin 1837; Rancho Los Nogales granted to Jose De La Cruz Linares in 1840; and Rancho La Puente granted to John Rowland andWilliam Workman in 1842. In 1868, John Rowland and William Workman divided Rancho La Puente, leaving Rowland the eastern half and Workman the western half. Rowland’s land included the western portion of Walnut. The land was used for raising cattle and growing wheat, grapes, and fruit trees.
The City of Walnut's Bicentennial Commission selected the construction of Lemon Creek Park and the restoration of the William R. Rowland Adobe Redwood Ranch House as Walnut’s bicentennial project. In 1871, the Lemon Creek Park area became the property of Sheriff William Rowland, who inherited the 29,000-acre (120 km2) ranch from his father, John Rowland. The modest structure built in 1883 served as the home of Mr. Meridith, ranch foreman for William Rowland. The adobe redwood ranch house is one of the few remaining original ranch style redwood and adobe structures in the area. On October 1, 1975, the State Landmark Committee placed the W.R. Rowland ranch house in the National Registry of Historical Places.
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