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. Eastvale Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Eastvale, California
About Eastvale
Eastvale is a city located in northwestern Riverside County, California, the Inland Empire region of Southern California. Its boundaries extend from Hellman Avenue to the West (the San Bernardino County Line), Bellgrave Avenue to the North (also theSan Bernardino County Line), the Santa Ana River and Norco to the South, and Interstate 15 to the East. The population was 53,668 at the 2010 census.
Prior to incorporation, street addresses were addressed as "Corona, California" since the post office in that city was the closest one that could handle the volume from the new construction in the area.
The Los Angeles County line is approximately 8 miles northwest of Eastvale, while the Orange County line is approximately 5 miles to the southwest. The proximity of these last two heavily commercialized counties, and the fact that Eastvale is roughly squared between Interstate 15 and California State Routes 91, 60, and 71, has made Eastvale popular for those that commute to these counties for employment, making Eastvale a commuter town.
Eastvale, once a rural area, was predominantly dairy farms and agricultural until the late 1990s. At that time, the area started to suburbanize to accommodate the influx of people coming from neighboring Orange and Los Angeles Counties seeking affordable housing. Eastvale was particularly hit hard by the United States housing bubble that burst in the late 2000s. A large portion of the communities' homes were sold during the early and mid-2000s at highly inflated prices fueled by the subprime mortgage industry. In June 2006, the median home in Eastvale was valued at $601,000 and had drastically fallen to $304,000 by June, 2009 according to Zillow representing a 50% decrease in home values over a span of three years.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
