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. Orange Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Orange, California
About Orange
The city of Orange is located in Orange County, California. It is approximately 3 miles (4.8 kilometers) north of the county seat, Santa Ana. Orange is unusual in that many of the homes in its Old Town District were built prior to 1920; whereas many other cities in the region demolished such houses in the 1960s, Orange decided to preserve them. The small affluent city of Villa Park is surrounded by the city of Orange. The population was 136,416 at the 2010 census.
The small town was incorporated on April 6, 1871, under the general laws of the state of California. Orange was the only city in Orange County to be planned and built around a plaza, earned it the nickname Plaza City. Orange was the first developed town site to be served by the California Southern Railroad when the nation's second transcontinental rail line reached Orange County.
The town experienced its first growth spurt during the last decade of the 19th century (as did many of the surrounding communities), thanks to ever-increasing demands for California-grown citrus fruits, a period some refer to as the "Orange Era." Southern California's real estate "boom" of 1886-1888, fueled by railroad rate wars, also contributed to a marked increase in population. Like most cities in Orange County, agriculture formed the backbone of the local economy, and growth thereafter was slow and steady until the 1950s, when a second real estate boom spurred development. Inspired by the development of a region-wide freeway system which connected Los Angeles' urban center with outlying areas like Orange, large tracts of housing were developed from the 1950s to the early 1970s, and this continues today, albeit at a much slower pace, at the eastern edge of the city.
Orange is unique among the region and the state in that it has the second largest concentration of historic buildings. A list of all of the buildings and sites in Orange appears in the National Register of Historic Places.
Orange has a large Middle-Eastern community in proportion to its population, notably Armenians, Iranians and Arab peoples including Arab-Americans, who have bought homes and own some businesses in the city, and their business strips can be found along Tustin Avenue between Lincoln and Katella avenues facing the Village at Orange.
Orange as part of Orange County is known for its affluence and political conservatism – a 2005 academic study listed Orange among three Orange County cities as being among America's 25 "most conservative," making it one of two counties in the country containing more than one such city (Maricopa County, Arizona also has three cities on the list).
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