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. San Clemente Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Clemente, California
About San Clemente
San Clemente is a city in Orange County, California. The population was 63,522 at the 2010 census. Located on the California Coast, midway between Los Angeles and San Diego at the southern tip of the county, it is known for its ocean, hill, and mountain views, a pleasant climate and its Spanish Colonial style architecture. San Clemente's city slogan is "Spanish Village by the Sea". The official City flower is the Bougainvillea and the official City tree is the Coral tree.
Prior to colonization by Spaniards, the area was inhabited by the Juaneño native people. Long admired by explorers and passing settlers, it remained virtually uninhabited until 1776, when Mission San Juan Capistrano was established by Father Junipero Serra, which led both Indian and Spanish settlers to set up villages nearby. After the founding of Mission San Juan Capistrano, the local natives were conscripted to work for the mission.
Property rights to the land exchanged hands several times, but few ventured to build on it until 1925, when former Mayor of Seattle, Ole Hanson, with the financial help of a syndicate headed by Hamilton Cotton, purchased and designed a 2,000-acre (8.1 km2) community. Hanson believed that the area's pleasant climate, beautiful beaches and fertile soil would serve as a haven to Californians who were tired of "the big city". He named the city after San Clemente Island, which in turn was named by the explorer Vizcaino in 1602 after Saint Clement, whose feast day occurs on November 23, the day of Vizcaino's arrival on the island.
San Clemente is also the surfing media capital of the world as well as a surfing destination. It is home to Surfing Magazine, The Surfer's Journal, and Longboard Magazine, with Surfer Magazine just up the freeway in San Juan Capistrano.
The city has a large concentration of surfboard shapers and manufacturers including Lost Surfboards, Stewart Surfboards, Cole, Timmy Patterson Surfboards, Terry Senate and Dewey Weber Surfboards. Additionally, many world renowned surfers were raised in San Clemente or took up long-term residence in town, including Shane Beschen, Mike Parsons (originally from Laguna Beach), and many others.
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