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. Garden Grove Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Garden Grove, California
About Garden Grove
Garden Grove is a city located in northern Orange County, California. The population was 170,883 at the 2010 U.S. Census. State Route 22, also known as the Garden Grove Freeway, passes through the city in an east-west direction. The city is known outside the Southern California area for being the home of Robert H. Schuller's Crystal Cathedral, from which religious broadcasts are made. Garden Grove has the second-largest Vietnamese American population (47,331 (2010)) and second highest concentration (27.7%) of any city in the nation.
The city has a distinct community within it, West Garden Grove, which is located in the westernmost portion of the city. It is connected to the rest of Garden Grove by a narrow strip of land that runs along Garden Grove Boulevard.
Garden Grove was founded by Alonzo Cook in 1874. A school district and Methodist church were organized that year. It remained a small rural crossroads until the arrival of the railroad in 1905. The rail connection helped the town prosper with crops of orange, walnuts, chili peppers and later strawberries. In 1933, much of the town's central business district was destroyed by the Long Beach earthquake, and one person was killed. The post-World War II boom led to rapid development, and Garden Grove was incorporated as a city in 1956 with about 44,000 residents.
Garden Grove is home to three stage theaters, the Garden Grove Playhouse, the Gem Theater and the Festival Amphitheater. The Festival Amphitheater hosts Shakespeare Orange County, which presents an annual Shakespeare Festival each summer. All venues are owned by the City of Garden Grove, but operated by outside entities. The Garden Grove Playhouse is operated by a non-profit group of the same name. The Gem Theater is currently operated by Damien Lorton and Nicole Cassesso of 'One More Productions'. The Festival Amphitheater is managed by Thomas Bradac, the producing artistic director of Shakespeare Orange County.
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