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. Anaheim Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Anaheim, California
About Anaheim
Anaheim (pronounced /ˈænəhaɪm/) is a city located in Orange County. As of the 2010 United States Census, the city population was 336,265, making it the most populated city in Orange County, the 10th most-populated city in California, and ranked 54th in the United States. Anaheim is the second largest city in Orange County in terms of land area (after Irvine), and is known for its theme parks, sports teams and convention center.
Founded by fifty German families in 1857 and incorporated as the second city in Los Angeles County on February 10, 1870, Anaheim developed into an industrial center, producing electronics, aircraft parts and canned fruit. It is the site of the Disneyland Resort, a world-famous grouping of theme parks and hotels which opened in 1955, Angel Stadium of Anaheim, Honda Center and Anaheim Convention Center, the largest convention center on the West Coast.
Anaheim's city limits stretch from Cypress in the west to the Riverside County line in the east and encompass a diverse collection of neighborhoods and communities. Anaheim Hills is a master-planned community located in the city's eastern stretches that is home to many sports stars and executives. Downtown Anaheim has three mixed-use historic districts, the largest of which is the Anaheim Colony. The Anaheim Resort, a commercial district, includes Disneyland and numerous hotels and retail complexes. The Platinum Triangle, a neo-urban redevelopment district surrounding Angel Stadium, is planned to be populated with mixed-use streets and high-rises. Finally, The Canyon is an industrial district north of SR 91 and east of SR 57.
The city of Anaheim was founded in 1857 by 50 German-Americans who were residents of San Francisco and whose families had originated in Rothenburg ob der Tauber, Franconia in Bavaria. After traveling through the state looking for a suitable area to grow grapes, the group decided to purchase a 1,165 acres (4.71 km2) parcel from Juan Pacifico Ontiveros' large Rancho San Juan Cajon de Santa Ana in present day Orange County for $2 per acre.
The city recognizes several districts, including the Anaheim Resort (the area surrounding Disneyland), The Canyon (an industrial area north of the Riverside Freeway and east of the Orange Freeway) and the Platinum Triangle (the area surrounding Angel Stadium). Anaheim Hills also maintains a distinct identity.
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