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. Fountain Valley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Fountain Valley, California
About Fountain Valley
Fountain Valley is a city in Orange County, California. The population was 55,313 at the 2010 census. A classic bedroom community, Fountain Valley is a middle-class residential area.
The area encompassing Fountain Valley was originally inhabited by the Tongva people. European settlement of the area began when Manuel Nieto was granted the land for Rancho Los Nietos, which encompassed over 300,000 acres (1,200 km2), including present-day Fountain Valley. Control of the land was subsequently transferred to Mexico upon independence from Spain, and then to the United States as part of the Treaty of Guadalupe Hidalgo.
The city was incorporated in 1957, before which it was known as Talbert (also as Gospel Swamps by residents). The name of Fountain Valley refers to the very high water table in the area at the time the name was chosen, and the many corresponding artesian wells in the area. Early settlers constructed drainage canals to make the land usable for agriculture, which remained the dominant use of land until the 1960s, when construction of large housing tracts accelerated.
The city is located southwest and northeast of the San Diego Freeway (Interstate 405), which diagonally bisects the city, and is surrounded by Huntington Beach on the south and west, Westminster and Garden Grove on the north, Santa Ana on the northeast, and Costa Mesa on the southeast. Its eastern border is the Santa Ana River.
Fountain Valley is home to Mile Square Regional Park, a 640 acres (2.6 km2) park containing two lakes, three 18-hole golf courses, playing fields, picnic shelters, and a 20-acre (81,000 m2) urban-nature area planted with California native plants, a 55-acre (220,000 m2) recreation center with tennis courts, basketball courts, racquetball courts, a gymnasium, and the Kingston Boys & Girls Club; There is also a community center and a 16,652sq ft senior center that opened in September, 2005. A major redevelopment of the recreation center and city-administered sports fields was completed in early 2009.
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