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. La Habra Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in La Habra, California
About La Habra
La Habra is a city in the northwestern corner of Orange County, California in the suburbs of Los Angeles. In the 2010 census, the city had a population of 60,239. Its related city, La Habra Heights, is located to the north of La Habra, and is in Los Angeles County.
In 1839, when vast herds of Mexican cattle and horses grazed over the hills and valleys of southern California, Mariano Reyes Roldan was granted 6,698 acres (27 km2) and named his land Rancho Cañada de La Habra. The name referred to the “Pass Through the Hills,” the natural pass to the north first discovered by Spanish explorers in 1769. In the 1860s, Abel Stearns purchased Rancho La Habra.
La Habra was founded in 1896. The first post office in the town was established in 1898 in a corner of Coy's Store at Central (now La Habra Boulevard) and Euclid Street.
The city was incorporated under general law on January 20, 1925, with a population of 3,000. The police force was organized in 1926 and employed a chief, traffic officer and patrolman. By 1928, the city was the largest avocado center in Southern California. In 1930. the first fire department building was constructed followed by the original City Hall in 1935. By 1950, the population reached nearly 5,000. The Civic Center took shape when the existing County Library was dedicated in 1966, followed by the present administration building in 1969.
It is bordered by La Habra Heights on the north, Brea on the east, Fullerton on the south, La Mirada and East La Mirada on the west, Whittier on the northwest and Buena Park on the southwest.
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