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. Stanton Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Stanton, California
About Stanton
Stanton is a city located in western Orange County, California. The population was 38,186 at the 2010 census, up from 37,403 at the 2000 census. The City was incorporated in 1956 and operates under the Council-Manager form of government, providing a full range of municipal services. Stanton is bounded by Cypress on the west, Anaheim on the north, and east, and Garden Grove on the east and south.
Stanton is located north of the Garden Grove (22) Freeway, south of the Artesia (91) Freeway, east of the San Gabriel River (605) Freeway and west of the Santa Ana (5) Freeway.
On November 6, 1905, the Los Angeles Interurban Railway started service on the Santa Ana Line. It ran along an almost perfectly straight line between Watts(Los Angeles) and Santa Ana. Access to transportation allowed the population of the rural area which is now Stanton and West Anaheim to grow. In 1908, the privately owned Pacific Electric Railway leased the Santa Ana Line and took over the service which extended its regional light-rail system. By 1928, the impressive thousand mile system allowed residents convenient travel throughout Los Angeles and Orange Counties. See 1928 Map. The passenger service to Santa Ana was discontinued in 1950, shortly after the railway was taken over by the Metropolitan Transportation Agency. The easement still runs through town and is empty or used for parking. It intersects Beach/Pacific and Cerritos/Western.
The City of Stanton mitigates the high costs of cityhood for a relatively small population by contracting out municipal services. Most of the police services and fire protection are provided by the Orange County’s Sheriff’s Department and Orange County Fire Authority respectively. Ambulance service is provided by a private company, Care Ambulance Service. Stanton had formed its own police department when the city incorporated in 1956, but a union strike citing poor working conditions was originally reported as the major cause of its disbanding (and takeover by the Sheriff's Department) in 1988. The city's crime rate has decreased 40% from 2007 to 2013.
The city hosts three major community events each year: Summerfest, a Halloween Fair, and Christmas in the City. All three events are well attended and cater to families with younger children. Summerfest typically includes carnival type rides, live music, food booths, and informational tables from community groups. The Halloween Fair features free games that children play for candy prizes, costume contests, and a DJ. Christmas in the City, also known in recent years as Snow Day, features several tons of man-made snow and a visit from Santa. Additionally, community service groups such as the Lions and Kiwanis Clubs typically serve alos hold annual events in the city's parks. An Easter program features face painting, an egg scramble, and a pancake breakfast. In addition to the family themed events, the city also hosts an annual Stanton Car Show in Stanton Park featuring as many as 120 custom and classic cars, a DJ, beer sales, and raffels.
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