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 Hollywood Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in West Hollywood, California
About West Hollywood
West Hollywood (sometimes referred to as WeHo) is a city in California located in Los Angeles County. The city was incorporated on November 29, 1984. As of the 2010 census, its population is 34,399.
West Hollywood is bordered on the north by the Hollywood Hills neighborhood of Los Angeles, on the east by the Hollywood district of Los Angeles, on the south by the Fairfax district of Los Angeles, and on the west by the city of Beverly Hills.
Most historical writings about West Hollywood began in the late 1700s with European colonization when the Portuguese explorer João Rodrigues Cabrilho arrived offshore and claimed the already inhabited region for Spain. Around 5,000 of the indigenous inhabitants from the Tongva Indian tribe canoed out to greet Juan Cabrillo. The Tongva tribe was a nation of hunter-gatherers known for their reverence of dance and courage. By 1771, these native people had been severely ravaged by diseases brought in by the Europeans from across wide oceans. The Spanish mission system changed the tribal name to "Gabrielinos", in reference to the Mission de San Gabriel. Early in 1770 Gaspar de Portola's Mexicanexpeditionary force stopped just south of the Santa Monica Mountains near what would become West Hollywood to draw pitch (la brea) from tar pits to waterproof their belongings and to say mass. The Gabrielinos are believed to have burned the pitch for fuel.
By 1780, what became the "Sunset Strip" was the major connecting road for El Pueblo de Los Angeles, and all ranches westward to the Pacific Ocean. This land passed through the hands of various owners during the next one hundred years, and it was called names such as "La Brea" and "Plummer" that are listed in historical records. Most of this area was part of the Rancho La Brea, and eventually it came to be owned by the Henry Hancock family.
During the final decade years of the nineteenth century, the first large land development in what would later become West Hollywood—the town of "Sherman"—was established by Moses Sherman and his partners of the Los Angeles and Pacific Railway, an interurban railroad line which later became part of the Pacific Electric Railway system. Sherman became the location of the railroad's main shops, railroad yards, and "car barns". Many working-class employees of the railroad settled in this town. It was during this time that the city began to earn its reputation as a loosely regulated, liquor-friendly (during Prohibition) place for eccentric people wary of government interference. Despite several annexation attempts, the town elected not to become part of the City of Los Angeles. In a controversial decision, in 1925 Sherman adopted "West Hollywood", "...a moniker pioneered earlier in the decade by the West Hollywood Realty Board" as its informal name. though it remained under the governance of Los Angeles County.
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