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 Niguel Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Laguna Niguel, California
About Laguna Niguel
Laguna Niguel is an affluent master planned community located in the coastal San Joaquin Hills of southern Orange County, California. The name Laguna Niguel is derived from the words "Laguna" (Spanish for "lagoon",) and "Nigueli" (the name of a Juaneño Indian village once located near Aliso Creek). The population increased from 61,891 at the 2000 census to 62,979 in 2010. The city of Dana Point to the south separates Laguna Niguel and the Pacific. On the east side, Laguna Niguel is separated from San Juan Capistrano by a significant ridge running along Trabuco Creek. To the north lie Aliso Viejo and Laguna Hills. Laguna Niguel is also bordered by Laguna Beach and Mission Viejo.
Laguna Niguel is located on the Rancho Niguel Mexican land grant of Juan Avila. He retained ownership until 1865, when a severe drought killed off most of his cattle. Lewis Moulton, owner of the Moulton Company, bought the area of modern-day Laguna Niguel in 1895, along with significant other portions of the surrounding area from farmers that were hard pressed to earn a living due to a local drought in the area.
Laguna Niguel occupies a hilly basin near the southern end of the San Joaquin Hills, a small coastal mountain range in southern Orange County. On the west is 650-foot (200 m) Niguel Hill, which separates the city from Aliso Canyon, an immense gorge cut by Aliso Creek, one of the county's primary watercourses. The Aliso Canyon area is home to Aliso and Wood Canyons Regional Park, a large wilderness area in the southern county. Although the creek itself only brushes the northwestern border of the city, a major tributary, Sulphur Creek, drains most of northern Laguna Niguel. Sulphur Creek runs through Crown Valley in eastern Laguna Niguel, Crown Valley Park, Laguna Niguel Regional Park and Sulphur Creek Reservoir (Laguna Niguel Lake). The two parks and the lake lie just north of the geographic center of the city.
Like much of Southern California, Laguna Niguel has pleasant weather year-round. On average, August is the hottest month and December the coolest. The highest recorded temperature is 108°F, which occurred in 1963, and the lowest such temperature is 21°F, which was recorded in 1949. Precipitation is sparse in Laguna Niguel, as only five months out of the year receive rainfall greater than one inch. The highest monthly rainfall on average occurs in February and is 2.96 inches (75 mm).
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