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. Laguna Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Laguna Beach, California
About Laguna Beach
Laguna Beach is an affluent seaside resort city located in southern Orange County, California, United States, approximately 19 miles (31 km) southeast of the county seat of Santa Ana. Laguna Beach is known for its mild year-round climate, scenic beaches and coves, and artist community. The population in the 2010 census was 22,723.
Historically a territory of paleoindians, the Tongva people and then Mexico, the location became part of the United States following the Mexican-American War. Laguna Beach was settled in the 1870s, officially founded in 1887 and incorporated as the City of Laguna Beach in 1927. The city has remained relatively isolated from urban encroachment by its surrounding hills, limited highway access and a dedicated greenbelt. The entire length of coastline is protected by a Marine Preserve.
Tourism is the primary industry with an estimated 3 million people visiting the community annually. The community hosts several large art events annually including the Pageant of the Masters, Festival of the Arts, Sawdust Festival and Art-A-Fair.
Laguna Beach was the habitation site of a prehistoric paleoindian civilization. In 1933, the first fossilized skull of a paleoindian found in California was uncovered during construction on St. Ann's Drive. Known as "Laguna Woman", the skull was originally radiocarbon dated to more than 17,000 BP, however, revised measurements suggest it originated during the Holocene era 11,700 years before present. Subsequent research has found several prehistoric encampment sites in the area.
Laguna Beach has a history of historic preservation and environmental stewardship. Craftsman bungalows from the early 1900s dot the downtown and South Laguna areas. Between 1980 and 1981, the city conducted the Laguna Beach Historic Survey, a city-wide block-by-block study which noted the location of pre-1940 buildings and determined which had historic significance. 706 homes and structures in Laguna Beach were classified as historically significant.
Laguna Beach is the only Orange County city protected by a dedicated greenbelt inland, and a dedicated bluebelt seaward. In 1972, local conservationists founded Laguna Greenbelt Incorporated and began a drive to conserve a horseshoe of hills and canyons surrounding Laguna Beach. As of 2011, more than 20,000 contiguous acres of wildlands constituted The Laguna Coast Wilderness Park, Jim Dilley Preserve, Crystal Cove State Park and the Aliso-Wood Canyons Wilderness Park.
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