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. Beaumont Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Beaumont, California
About Beaumont
Beaumont is a city in Riverside County, California, United States.
Now a growing, community planned city, the population was 36,877 at the 2010 census, and expected to be up to 125,000 projected by 2040, making Beaumont as California's next, newest fastest-growing city. Beaumont's neighbor cities include Banning to the east and Calimesa to the west, which faces the San Bernardino County line and the unincorporated community of Cherry Valley to the north.
During the early 1850s, many surveying parties passed through the vicinity of present-day Beaumont in search of a pass that would connect the east to the Pacific Ocean. The San Gorgonio Pass was discovered in 1853 by a surveying expedition under Lieutenant R.S. Williamson, who was sent by the United States government. Its discovery enthralled many who now saw that connecting to the ocean was a feasible measure and led to plans for connecting a railway from the Missouri River to the Pacific. By the early 1860s the Southern Pacific Railroad had laid tracks through the modern-day location of Beaumont. At the summit of the pass, a site was founded and named Edgar Station after a physician from one of the original expedition parties. Edgar Station served as a rest stop for railway travelers from the Mojave Desert on their way to the Los Angeles vicinity. Soon Edgar Station changed its name to San Gorgonio, named by a real estate development company, and it gradually attracted permanent residents.
The sleepy town of San Gorgonio became an incorporated California city on November 18, 1912, and adopted its current name of Beaumont (French for "beautiful mountain"). As of 1927, the town boasted a small population of 857 with five churches, The catholic church located on the corner of "B" Street and Elm was built and donated to the Catholic Archdiocese by Victor Dominguez a local resident who was rail road worker that came from Mexico. boom in the early decade, the urban sprawl reached the last remaining valleys of the Inland Empire.
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