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. Banning Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Banning, California
About Banning
Banning is a city in Riverside County, California, United States. The population was 29,603 at the 2010 census. It is situated in the San Gorgonio Pass, also known as Banning Pass. It is named for Phineas Banning, stagecoach line owner and the "Father of the Port of Los Angeles."
Banning has a western neighbor, the city of Beaumont, which shares geographic and regional features. Banning and Beaumont have been rapidly growing in size and population since the 1990s. Both cities are about 80 miles east of downtown Los Angeles and 30 miles west of Palm Springs, each connected by freeway and railroad. .
The area, up to the mid-19th century, was inhabited by the Cahuilla people, though the region around Banning was originally Maringayam (Serrano), and the Cahuilla expanded into the pass only in historic times. In 1824 it became part of the Mission San Gabriel Arcangel, and then the Rancho San Gorgonio. The first Anglo to settle in the area was Dr. Isaac Smith in 1853. In 1863 a smallpox epidemic further diminished the Cahuilla. The government created Indian reservations for the Cahuilla in 1877.
The first stagecoach line came through in 1862, and the railroad followed in 1876. U.S. Route 99 was built in 1923, followed by U.S. Route 60/70 in 1936, and subsequently Interstate 10. The Southern Pacific (later purchased by Union Pacific) railroad, laid down in 1881, was a major contributor to the area's growth.
Banning borders the Morongo Indian Reservation, home to the Morongo Band of Cahuilla (Mission) Indians. Relations with reservation residents have been stressed by such actions as disputes over water rights. See Dorothy Ramon's book (published 2000) "Always Believe" for a Maringayam's views on Banning and reservation life.
Prior to the name Banning, the settlement was called "Moore City". Ransom B. Moore operated a large cattle ranch and was a member of the Los Angeles County Board of Supervisors, settling in the area and nearby San Gorgonio Mountains from the late 1850s until the early 1880s. The town was incorporated on February 6, 1913. Between the years 1880 and 1980, it was the largest city in year-round population between Redlands and the Colorado River.
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