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. Lake Forest Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lake Forest, California
About Lake Forest
Lake Forest is a city in Orange County, California. The population was 77,264 at the 2010 census.
Lake Forest incorporated as a city on December 20, 1991. Prior to a vote of the residents in that year, the community had formerly been known as El Toro since the 1880s. Since being incorporated, Lake Forest has expanded its limits to include the communities of Foothill Ranch and Portola Hills. Foothill Ranch and Portola Hills are master planned developments that brought new homes and commercial centers to the Eastern boundary of Lake Forest throughout the 1990s. Lake Forest (along with its neighboring cities Mission Viejo and Irvine) is ranked as one of the safest cities in the country. The private research firm Morgan Quitno ranked Lake Forest as the 15th safest city and another firm later ranked Lake Forest 10th in 2007 in the United States.
The city has two "lakes" from which the city gets its name. The lakes are man-made, and condominiums and custom homes ranging from large to small line their shores. The Lake Forest Beach and Tennis Club and Sun and Sail Club feature tennis courts, gyms, basketball courts, barbecue pits, volleyball courts, multiple swimming pools, saunas, hot tubs and club houses for social events. The "forest" for which the city is also named lies in the area between Ridge Route, Jeronimo, Lake Forest and Serrano roads, and consists mostly of Eucalyptus trees. It began in the 1900s (decade) when a local landowner, Dwight Whiting, planted 400 acres (1.6 km2) of Eucalyptus groves in the vicinity of Serrano Creek as part of a lumber operation. In the late 1960s, the Occidental Petroleum company developed a residential community in and around the Eucalyptus groves which had long since expanded and grown much more dense.
The city is home to the headquarters of eyewear manufacturer Oakley, Inc.; metals company Kaiser Aluminum, in-flight entertainment provider Panasonic Avionics; Karem Aircraft an aircraft company developing UAV's with major aircraft companies; telecommunications software developer Greenlight Wireless Corp.; barbecue retailer Barbeques Galore; restaurant chains Johnny Rockets and Del Taco; medical equipment maker Apria Healthcare; and skateboarding companies Sole Technology, Inc., Etnies, and Tilly's; among others. It is also the home of the corporate headquarters for Eagle Community Credit Union, a credit union focused on serving postal and federal employees who live or work in Orange County.
Lake Forest is bordered by Irvine on the west, Laguna Hills on the southwest, Mission Viejo on the southeast, Trabuco Canyon on the east, and Limestone Canyon Regional Park on the north.
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