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. Indian Wells Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Indian Wells, California
About Indian Wells
Indian Wells is a city in Riverside County, California, in the Coachella Valley (Palm Springs area), in between Palm Desert and La Quinta. As of the 2010 census, the city population was 4,958.
The city hosts the Indian Wells Masters—now known by its current sponsorship name of BNP Paribas Open—one of the nine tournaments in the ATP World Tour Masters 1000 of high-level events operated by the Association of Tennis Professionals and one of the four WTA Premier Tournaments tournament of the Women's Tennis Association. The event is held in the 16,100-seat stadium of the Indian Wells Tennis Garden.
As early as 1853, the area now known as Indian Wells was the site of a thriving Indian village, as reported by W.P. Blade, a Smithsonian Institution geologist. A decade later, when gold was discovered on the Colorado River, William D. Bradshaw built a trail from Los Angeles through the desert to the gold mines. The Alexander and Company Stage Line used the trail to transport prospectors and Indian Wells became an important stop along the trail. The route was abandoned in 1875 because of competition from the Southern Pacific Railroad, but in 1876 was reactivated by the Wells Fargo Company.
Over the next decades, settlers gradually arrived in the area and date ranches became profitable. In the 1950s, the first golf courses were opened at the Eldorado Country Club and the Indian Wells Country Club. In 1957, Desi Arnaz opened his Indian Wells Hotel (forerunner to the Indian Wells Resort Hotel). In 1960, Arnold Palmer won the first Bob Hope Desert Classic golf tournament. President Dwight D. Eisenhower was a regular Indian Wells visitor and later an Eldorado homeowner.
In an election held June 27, 1967, to avoid being annexed by neighboring cities such as Palm Desert, the inhabitants of Indian Wells voted to incorporate as a city. On July 14, 1967, Indian Wells became California's 400th city and the 16th in Riverside County. Its first mayor was Pete Peterson. Since then, Indian Wells has continued to grow, with the development of resort hotels, golf courses and luxury residential areas.
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