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. Calimesa Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Calimesa, California
About Calimesa
Calimesa is a city in Riverside County, California, United States in the Greater Los Angeles area. The population was 7,879 at the 2010 census, up from 7,139 at the 2000 census. It is situated in the San Gorgonio Pass.
The City of Calimesa was incorporated on December 1, 1990, soon after the incorporation of its northern neighbor, the City of Yucaipa. Prior to its incorporation, the City of Calimesa existed as an unincorporated census designated town that straddled the Riverside–San Bernardino County line at the location where Interstate 10 climbs the San Gorgonio Pass going eastward from Redlands, California.
Historically, Calimesa began as a small rural town with mostly single-family homes and ranches. With completion of U.S. Route 99 (modern day I-10 freeway), businesses opened and Calimesa began to feel a separate identity from the larger neighboring town of Yucaipa. In June 1929 nearly 100 residents attended a meeting and decided to apply for their own post office and to state a “name contest” in which the winner was paid $10. Calimesa was chosen from 107 names submitted; and is said to come from “Cali” (meaning California) and “mesa” from the Spanish word meaning "table" or table-lands." The first post office was the grocery store at Calimesa Boulevard and Avenue "K".
The modern history of the area was initiated with the establishment of Spanish missions in Alta California in 1769. The need for a land route to these missions inspired Captain Juan Bautista de Anza to lead a party through the area in 1774. As early as 1820, reference can be found to the messenger footpath for the missions in Arizona to the San Gabriel Mission.
The city is located in the northwestern portion of Riverside County, between Yucaipa, CA and Beaumont, CA. It is within the Yucaipa Valley section of Southern California's Inland Valley, and at the western edge of the San Gorgonio Pass between San Bernardino and Palm Springs. Calimesa is located in the region known as the Inland Empire, which covers San Bernardino and Riverside Counties.
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