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. Lee Vining Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lee Vining, California
About Lee Vining
Lee Vining (formerly, Leevining, Poverty Flat, and Lakeview) is a census-designated place in Mono County, California, United States. It is located 21 miles (34 km) south-southeast of Bridgeport, at an elevation of 6781 feet (2067 m). Lee Vining is located on the southwest shore of Mono Lake. The population was 222 as of the 2010 census, down from 250 reported as of 2000 by Mono County. At the previous census (1990) the town population was 398, and at the census before that (1980) it was 315.
The economy of Lee Vining relies largely on tourism, since it is the closest town to the east entrance of Yosemite National Park, and is near other tourist destinations such as Mono Lake, the ghost town of Bodie, popular trout fishing destinations, and June Mountain and Mammoth Mountain ski areas and the June Lake recreational area. Tourism is mostly confined to the summer months, because State Route 120 through Yosemite is closed otherwise because of heavy snowfall, although year-round tourism has been increasing in recent years. Lee Vining has a year-round Information Center for visitors.
The town was named after Leroy Vining, who founded the town in 1852 as a mining camp. His life came to an untimely end when he accidentally shot himself at the nearby town of Aurora, Nevada. In 1926, the town was laid out by Chris Mattly and named "Lakeview", but when a post office was sought in 1928, it was learned that another town, Lakeview, California already had the name. The unique name of Lee Vining was chosen in 1953. The place was also called Poverty Flat for its unfavorable conditions for agriculture.
Lee Vining is situated near the foot of Lee Vining Canyon. State Route 120 runs from town, through the canyon, up to Tioga Pass. Lee Vining Canyon is one of only two ice climbing venues in California. U.S. Route 395 also runs through the town, connecting to Los Angeles 390 miles (630 km) to the South, and Reno, Nevada 135 miles (217 km) to the North.
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