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. Yorba Linda Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Yorba Linda, California
About Yorba Linda
Yorba Linda ("Beautiful Yorba", in English) is an affluent suburban city in northeastern Orange County, California, approximately 13 miles (21 km) northeast of Downtown Santa Ana and 40 miles (64 km) southeast of Downtown Los Angeles. Yorba Linda has been identified as one of the richest cities in the U.S. by the U.S. Census Bureau, which shows a median household income of $121,075, higher than any other city in 2006.
As of the 2010 census, it had a population of 64,234. Its most famous resident was Richard Nixon, who was born there; however, his father moved the family away before Yorba Linda incorporated. The Richard Nixon Presidential Library and Museum is in Yorba Linda.
In 2005, CNN ranked Yorba Linda 21st among the best places in the U.S. to live. Similarly, in an article by CNN Money, Yorba Linda was one of the richest U.S. cities and the richest in Orange County as reported by the Census data, showing a median household income of more than $120K: "Among towns of between 65,000 and 250,000 in population, Yorba Linda, California, where six-figure incomes are the rule, had the highest median income at $121,075".
This area was the home of the Luiseño, Tongva, and Juaneño Indians at one time.
In 1834, Jose Antonio Yorba's most successful son, Bernardo Yorba (after whom the city would later be named), was granted the 13,328-acre (53.94 km2) Rancho Cañón de Santa Ana by Mexican governor José Figueroa. Most of this original land was retained after the Mexican American war in 1848 by descendants of the Yorba family. A portion of the city's land is still owned and developed by descendants of Samuel Kraemer, who acquired it through his marriage to Angelina Yorba, the great-granddaughter of Bernardo Yorba. The site of the Bernardo Yorba Hacienda, referred to as the Don Bernardo Yorba Ranch House Site, is listed as a California Historical Landmark.
It is bordered by Anaheim on the south, Placentia on the west and southwest, Brea on the northwest, Chino Hills State Park on the north, and Corona on the east.
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