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. Corona Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Corona, California
About Corona
Corona is a city in Riverside County, California, United States. As of the 2010 census, the city had a population of 152,374, up from 124,966 at the 2000 census. The cities of Norco and Riverside lie to the northeast, Chino Hills to the northwest, Yorba Linda and the Cleveland National Forest to the southwest; unincorporated areas of Riverside County line all of its other borders.
Corona, founded at the height of the Southern California citrus boom in 1886, is advantageously situated at the upper end of the Santa Ana River Canyon, the only significant pass through the Santa Ana Mountains. The town of Corona once laid claim to the title "Lemon Capital of the World." A museum there presents the lemon's former role in the local economy. The city derived its name (and its nickname, The Circle City) from the curious layout of its streets, with a standard grid enclosed by the circular Grand Boulevard, one mile in diameter. The street layout was designed by Hiram Clay Kellogg, a civil engineer from Anaheim who was an influential figure in the early development of Orange County.
The origin of the city was in May, 1886, when the South Riverside Land and Water Company was incorporated, its members including ex-Governor of Iowa, Samuel Merrill, R.B. Taylor, George L. Joy, A.S. Garretson, and Adolph Rimpau, as a citrus growers' organization, it purchased the lands of Rancho La Sierra of Bernardo Yorba, and the Rancho Temescal grant and the colony of South Riverside was laid out. They also secured the water rights to Temescal Creek, its tributaries and Lee Lake. Dams and pipelines were built to carry the water to the colony. In 1889 the Temescal Water Company was incorporated, to supply water for the new colony. This company purchased all the water-bearing lands in the Temescal valley and began drilling artesian wells.
In 1896, South Riverside was renamed Corona for Grand Boulevard, a 3 mile circular drive that is around the central city and was the site of three international automobile races in 1913, 1914 and 1916.
The city of Corona has been popular among celebrities drawn to its upscale areas and relative privacy compared to Los Angeles. Desi Arnaz and Lucille Ball spent time at their ranch, located in south Corona, and played golf often at Cresta Verde Golf Course in the northeastern section of the city. After their divorce, Mr. Arnaz continued to live in Corona.
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