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. West Covina Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in West Covina, California
About West< Covina
West Covina is a city in Los Angeles County, California, located 19 miles (31 km) east of Downtown Los Angeles in the eastern San Gabriel Valley and is part of the Greater Los Angeles area. The population for the city was 106,098 at the 2010 census.
West Covina was incorporated as an independent city in 1923 to prevent the city of Covina from building a sewage farm in the area. Walnut groves and orange groves continued to flourish during the subsequent decades. The population in 1930 was 769 and blossomed to 1,549 in 1940. As a result of remarkable expansion during the post World War II building boom, West Covina became one of the fastest growing cities between 1950 and 1960 in the United States with the population increasing 1,000 per cent from less than 5,000 to more than 50,000 citizens. The last two decades have continued to demonstrate steady growth until late 2009 slowing to 0.8% growth. The number of residents expanded to a total of 96,242 as of the 1990 Census.
The City of West Covina began the second half of the 20th century with exciting new developments and projects, mostly brought on by big business. The City Hall and Police facility were built in 1969 as the first phase of an example of a Joint Powers Authority in the County of Los Angeles. The Civic Center Joint Powers Authority, consisting of the County of Los Angeles and the City of West Covina, also completed a three-level parking structure in the Civic Center complex. The Civic Center complex includes the Los Angeles County Regional Library and the Citrus Municipal Court building and the City offices.
The 2010 United States Census reported that West Covina had a population of 106,098. The population density was 6,594.3 people per square mile (2,546.1/km²). The racial makeup of West Covina was (42.8%) White, (15.3% White-Non Hispanic ) (4.5%) African American, (1.0%) Native American, (25.8%) Asian, (0.2%) Pacific Islander, (21.3%) fromother races, and (4.4%) from two or more races. Persons of Hispanic or Latino origin were (53.2%).
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