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. La Quinta Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in La Quinta, California
About La Quinta
La Quinta is a resort city in Riverside County, California, USA, specifically in the Coachella Valley between Indian Wells and Indio. The population was 37,467 at the 2010 census, up from 23,694 at the 2000 census. The Robb Report credits La Quinta as the leading golf destination in the US. Among those destinations is the La Quinta Resort and Club, a resort dating to 1926 and famous as the spot in which director Frank Capra penned the screenplay of Lost Horizon. The Tom Fazio-designed golf course at The Quarry at La Quinta is ranked among the top 100 golf courses in the United States. In January 2008, the Arnold Palmer Classic Course at the city's SilverRock Golf Resort became one of the four host golf courses for the annual Bob Hope Chrysler Classic PGA golf tournament.
In the late-19th century and early-20th century (1880–1920), agriculture developed in present-day La Quinta and "East Valley" by pre-modern (mountain water runoff or open water springs) and modern irrigation techniques. At the time, California and federal land surveyors declared the sand dunes uninhabitable, only the hard rock ground of the "Marshall Cove" held potential farming and residential development.
In 1926, Walter Morgan established the La Quinta Resort at the northern section of Marshall Cove as a type of secluded hideaway for nearby Hollywood's celebrities and socialites. The Resort was the site for the Coachella Valley's first golf course, coinciding with the construction and pavement of State Route 111 in the 1930s. Further expansion of Washington Street in the 1950s and 1960s connected La Quinta with US Highways 60 and 99 (became Interstate 10 in the 1970s).
As nearby desert cities grew to capacity, La Quinta's growth rose dramatically by the mid-1980s, which led to its incorporation as a city in Riverside County in 1982. In the 1980 census, La Quinta had 4,200 residents, then increased to 11,215 by 1990 in the city's early phases of residential area growth. Once predominantly a part-time community until the early-1990s, more full-time residents live in La Quinta to make it possibly more populous than Palm Springs by 2006, according to some demographers.
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