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. Los Alamitos Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Los Alamitos, California
About Los Alamitos
Los Alamitos ("The Little Cottonwoods" in Spanish) is a small city in Orange County, California. The city was incorporated in March 1960. The population was 11,449 at the 2010 census, down from 11,536 at the 2000 census. It is often mistakenly thought to include the adjacent but unincorporated community of Rossmoor (population just under 11,000) which uses Los Alamitos as its mailing address. Although Rossmoor is not part of Los Alamitos, it is speculated that it may be annexed to the city, or Rossmoor, Seal Beach, and Los Alamitos will combine to form one city. The Los Alamitos Race Course is also widely believed to be in the city; although it does have a Los Alamitos postal address and zip code, it actually lies in the neighboring city of Cypress.
The clusters of cottonwood trees Spanish explorers saw more than 200 years ago inspired Los Alamitos' name, but it is the sugar beet that figured most prominently in the area's later history. The history of the area during the Californio period and after U.S. annexation is detailed in the article on Rancho Los Alamitos.
The individual history of Los Alamitos separate from the rancho begins with the purchase by John Bixby of the Rancho Los Alamitos. John put together a consortium of himself, his cousins Lewellyn and Jotham (owners of Rancho Los Cerritos) and banker I.W. Hellman to finance the purchase of the Los Alamitos. Upon John's sudden death in 1888, the ranch was divided between the three owning families. The northern third—the land roughly north of present Orangewood Ave. -- went to the Lewellyn-Jotham faction (which later became the Bixby Land Company). By the mid-1890s, after the crash following the land boom of the 1880s—this group was relatively cash-poor and land rich. Having experimented in Northern California with sugar beets, the Bixbys agreed to provide the land, and contracted with Montana silver baron William A. Clark to provide the capital, and got E.A. Dyer to provide the expertise to build a new sugar beet factory on the Bixby's land. The community that grew up around this new sugar beet factory complex—with its streets of company houses for workers and surrounding farms—came to be called Los Alamitos. (As part of his arrangement to build and operate the sugar beet factory, William Clark and his brother H. Ross, who actually ran the Los Alamitos operation, also arranged to purchase significant area east of the factory as well as 8,000 acres (32 km2) of land north of the sugar plant—most of the latter in the Rancho Los Cerritos boundaries—that would eventually become the city of Lakewood. Also, Clark and Hellman were intricately involved with the machinations and corporate dealings of railroad tycoon E. H. Harriman and Henry Edwards Huntington and the destiny of the Southern Pacific in Southern California. In addition, some time after establishing Los Alamitos, the Clarks completed their railroad from Los Angeles to Salt Lake City, establishing the desert stop of Las Vegas in the process.
The small city has been the hometown for a number of noted athletes including Olympic gymnast Cathy Rigby, and many major league baseball players, including Andy Messersmith, who challenged baseball's reserve clause and helped established free agency in professional sports . At one point in the late 1980s, six natives of Rossmoor and Los Alamitos were playing baseball in the major leagues -- Robb Nen, J. T. Snow, Greg Harris, Dennis Lamp, Greg Pirkl, and Mike Kelly. The area is also home to record holding long distance swimmer Lynne Cox. It was also home to California Supreme Court Chief Justice Malcolm M. Lucas while he served on the Court, and to award-winning mystery writer Jan Burke.
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