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. Menifee Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Menifee, California
About Menifee
Menifee, California is city, centrally located in southwestern Riverside County, California, United States. Located roughly 8.5 miles (10 km) north of Murrieta, the city is roughly 50 square miles (100 km2) in size. It had a population of about 77,519 at the 2010 United States Census, and is anticipated to reach 100,000 by 2020. The incorporated City of Menifee includes the communities of Menifee, Sun City, Quail Valley, Paloma Valley and portions of Romoland.
The area was originally inhabited by the Luiseño people, specifically the Pechanga band. In the 18th century, the area fell under Spanish rule and was ceded by Mexico to the United States in 1850 as a result of the Mexican-American War.
Farming, which began in the mid-19th century, was concentrated in the Menifee area. Mining began in the early 1880s with the discovery of a significant quartz lode by miner Luther Menifee Wilson, from which Menifee derived its name.
Early development of the Menifee area began with Sun City in the early 1960s as the concept of an active retirement community envisioned by Del Webb, a building contractor from Phoenix, Arizona. Webb also developed Sun City, Arizona under the same concept. Sun City is a centrally located neighborhood within Menifee with a mix of residential and commercial activity.
The Menifee area later grew during the late 1980s and into the early 1990s as a master-planned community. However, lack of resources such as industry-oriented occupations and high-density retail and commercial businesses has made many residents drive longer distances to nearby cities such as Temecula or Murrieta, to shop, dine, and work. There has been substantial growth in Menifee with new home construction with large lakes, and fine amenities have attracted many residents from the Inland Empire and Los Angeles to live.
On June 3, 2008, the residents of the communities encompassing the Menifee area voted to incorporate together to form Riverside County's 26th city. The new City of Menifee was officially established on October 1, 2008.
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