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. Placentia Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Placentia, California
About Placentia
Placentia is a city in northern Orange County, California. The population was 50,533 at the 2010 census, up from 46,488 at the 2000 census. This includes the community of Atwood, which is included in the city of Placentia, and is located in its southernmost quadrant. Primarily known as a bedroom community, Placentia is known for its quiet neighborhoods and strong public safety.
The name of the city is derived from the Latin word for "pleasant".
Placentia is located in Orange County at 33°52′57″N 117°51′18″W (33.882364, -117.855130). According to the United States Census Bureau, the city has a total area of 6.6 square miles (17 km2). 6.6 square miles (17 km2) of it is land and 0.22% is water. The 57 Freeway (Orange Freeway) runs through the southwest section of Placentia. The 91 Freeway (Riverside Freeway) passes directly south of the city. Districts in Placentia include the Neighborhood of La Jolla, and the formerly unincorporated community of Atwood.
Placentia is home to one of the 13 special district libraries in California. The Placentia Library District is a single-purpose library district governed by an elected Board of Trustees. Its principal source of income is property tax proration. The library's early history is much like other communities. Beginning in 1914, the Women’s Christian Temperance Union established a reading and recreation room for boys in a storefront on Bradford Avenue.[10] After a successful petition and election by the residents, the Placentia Library District was officially formed on September 2, 1919. The new library district included seven square miles of the Placentia area: the north line was beyond Golden Avenue, the east line along Linda Vista through Hazard’s subdivision,the south through Golden State Tract but not as far as Miraloma Avenue and the west line along the Fullerton boundary. The Library Board of Trustees hired Placentia’s first Librarian, Sara Rideout, for $0.25 an hour, and the Women’s Christian Temperance Union turned over their reading room and 193 books. The library officially opened to the public on January 15, 1920, from 2:00 – 5:00 p.m. and 7:00 – 9:00 p.m.[10] By 1926, a new library building was needed to meet the needs of the growing community. The building,designed in the Spanish Colonial Revival style by renowned architect Carleton Monroe Winslow, features beautiful Talavera tiles created by Mexican potter, Pedro Sanchez. In March 1927, the grand opening was held for the new library building located at 143 S.Bradford Avenue. In 1974, the library again become too small for its growing collection and was moved to its current location in the Civic Center Plaza. That same year the library boundaries expanded to reflect the same boundaries as the city. Today the Placentia Library District holds over 102,000 library materials.
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