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. Aliso Viejo Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Aliso Viejo, California
About Aliso Viejo
Aliso Viejo is a city in Orange County, California. It had a population of 47,823 as of the 2010 census, up from 40,166 as of the 2000 census. It became Orange County's 34th city on July 1, 2001, the only city in Orange County to be incorporated since 2000. It is bordered by the cities of Laguna Beach on the west and southwest, Laguna Hills on the east, Laguna Niguel on the southeast, and Laguna Woods on the north.
Aliso Viejo had been an unincorporated community since around 1990, and incorporated as a city in 2001 due to the efforts of the Aliso Viejo Cityhood 2000 Committee, which was responsible for introducing an initiative on the ballot for the 2001 special election. Voters passed the initiative with 93.3% in favor of incorporation. Carmen Vali-Cave, the co-founder and president of the Committee, became the new city's first mayor.
The original city council consisted of Carmen Vali-Cave, Cynthia Pickett, Bill Phillips, Karl Warkomski, and Greg Ficke. The council selected Vali-Cave to serve as the city's first mayor, and Pickett as the city's first mayor pro tem. Vali-Cave and Pickett served as the mayor and mayor pro tem from 2001 to 2002. In 2003, Pickett became mayor with Phillips as mayor pro tem.
The Seal of the City of Aliso Viejo was adopted in 2001 at incorporation. The seal features several mountains, a boat, a tree, and several buildings. Also, the seal features the slogan "Since 2001", in celebration of the city's incorporation date.
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