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. Murrieta Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Murrieta, California
About Murrieta
Murrieta is a city in southwestern Riverside County, California, United States. The population of Murrieta was 103,466 at the 2010 census. Murrieta experienced a 233.7% population increase between 2000 and 2010, according to the most recent census, making Murrieta one of the fastest growing cities in the state. This population boom in 2010 surpassed the population of the historically larger and more commercial city of Temecula to the south for the first time since the incorporation of either city. Temecula and Murrieta together form the southwestern anchor of the Inland Empire region. Largely residential in character, Murrieta is typically characterized as a commuter town, with many of its residents commuting to jobs in San Diego County, Orange County, Los Angeles County, Temecula, and Camp Pendleton due to the fact that it is nearly equidistant to these economic centers.
Murrieta is bordered by Temecula to the south and the newly incorporated cities of Menifee and Wildomar to the north.
Murrieta is distinct from Rancho Murieta, a census-designated place (CDP) and guard-gated community in Sacramento County, California, United States.
Esequial Murrieta is credited with founding Murrieta. He is unrelated to Southern California bandit Joaquin Murrieta.
For most of its history Murrieta was not heavily populated. A Spaniard, Esequial Murrieta, purchased the Rancho Pauba and Rancho Temecula Mexican land grants, comprising 52,000 acres (210 km2) in the area, intending to bring his sheep-raising business to California. He returned to Spain, however, and turned the land over to his younger brother, Juan (1844–1936), who brought 100,000 sheep to the valley in 1873, using the meadows to feed his sheep. Others discovered the valley after the construction of a depot in 1882 that connected Murrieta to the Southern California Railroad's transcontinental route. By 1890 some 800 people lived in Murrieta. Today much of the site (about 50 acres) is home to a Bible college and conference center, owned by Calvary Chapel Costa Mesa, which has invested millions of dollars into restoring and rebuilding the old resort rooms. When the trains stopped in 1935, tourists – the lifeblood of the town – were much harder to come by. The boom that Murrieta had experienced due to the train and the hot springs gradually died, leaving Murrieta as a small country town.
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