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. Seal Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Seal Beach, California
About Seal Beach
Seal Beach is a city in Orange County, California. As of the 2010 census, the population was 24,168, up from 24,157 at the 2000 census. The city was incorporated on October 25, 1915.
Seal Beach is located in the westernmost corner of Orange County. To the northwest, just across the border with Los Angeles County, lies the city of Long Beach and the adjacent San Pedro Bay. To the southeast are Huntington Harbour, a neighborhood of Huntington Beach, and Sunset Beach, also part of Huntington Beach. To the east lie the city of Westminster and the neighborhood of West Garden Grove, part of the city of Garden Grove. To the north lie the unincorporated community of Rossmoor and the city of Los Alamitos. A majority of the city's acreage is devoted to the Naval Weapons Station Seal Beach military base.
Early on, the area that is now Seal Beach was known as "Anaheim Landing", as the boat landing and seaside recreation area named after the nearby town of Anaheim. The site of Anaheim Landing is now registered as a California Historical Landmark.
The second longest wooden pier in California (the longest is in Oceanside) is located in Seal Beach and is used for fishing and sightseeing. The pier has periodically suffered severe damage due to storms and other mishaps, requiring extensive reconstruction. A plaque at the pier's entrance memorializes Federal Emergency Administration of Public Works, 1938, Project No. Calif. 1723-F, a rebuilding necessitated by storms in 1935. Another plaque honors the individuals, businesses, and groups who helped rebuild the pier after a storm on March 2, 1983, tore away several sections. Most prominent was a "Save the Pier" group formed in response to an initial vote by the City Council not to repair the pier. The ensuing outcry of dismay among residents caused the City Council to reverse its stance while claiming the city lacked the necessary funds. Residents mobilized and eventually raised $2.3 million from private and public donors to rebuild the pier.
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