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. Desert Hot Springs Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Desert Hot Springs, California
About Desert Hot Springs
Desert Hot Springs, also known as DHS, is a city in Riverside County, California, United States. The city is located within the Coachella Valley geographic region, sometimes referred to as the Desert Empire. The population was 25,938 at the 2010 census, up from 16,582 at the 2000 United States Census. The city has undergone rapid development and high population growth since the 1970s, when there were 2,700 residents.
According to founder of the city and writer Cabot Yerxa in his newspaper columns published in The Desert Sentinel newspaper, the first homesteader in the area of the city of Desert Hot Springs was Hilda Maude Gray, who staked her claim in 1908. In 1913 Cabot Yerxa arrived and soon discovered hot water on Miracle Hill. Due to the San Andreas Fault bisecting the area, one side has cold water, the other has hot. His large Pueblo Revival Style architecture structure, hand built over 20 years, is now one of the oldest adobe-style buildings in Riverside County, and houses Cabot's Pueblo Museum, designated a state historical site after his death in 1965. Cabot's Trading Post & Gallery opened in February 2008.
The town was founded by L. W. Coffee on July 12, 1941. The original town site was centered at the intersection of Palm Drive and Pierson Boulevard and was only one square mile. Coffee chose the name Desert Hot Springs because of the area's natural hot springs.
Desert Hot Springs became a tourist destination in the 1950s because of its small spa hotels and boutique hotels. The city is popular with "snowbirds."
Desert Hot Springs has a desert climate (Köppen climate classification BWh) similar to the rest of the Coachella Valley, with under six inches of precipitation per year. Summers are very hot with days frequently exceeding 107 °F (42 °C) in July and August while night-time lows tend to stay between 78–90 °F (26–32 °C). The winters are mild with days typically seeing temperatures between 68–82 °F (20–28 °C) and corresponding night-time lows between 50–65 °F (10–18 °C). Heat waves during the summer months involving temperatures going over 110 °F (43 °C) are not unusual.
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