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. Palm Desert Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Palm Desert, California
About Palm Desert
Palm Desert is a city in Riverside County, California, United States, in the Coachella Valley, approximately 14 miles (23 km) east of Palm Springs and 122 miles (196 km) east of Los Angeles. The population was 48,445 at the 2010 census, up from 41,155 at the 2000 census. The city was one of the state's fastest growing in the 1980s and 1990s, beginning with 11,801 residents in 1980, doubling to 23,650 in 1990, 35,000 in 1995, and nearly double its 1990 population by 2000.
A major center of growth in the Palm Springs area, Palm Desert is a popular retreat for "snowbirds" from colder climates (the Eastern and Northern United States, and Canada), who swell its population by an estimated 31,000 each winter. In the past couple of years Palm Desert has seen more residents become "full-timers", mainly from the coasts and urban centers of California, who have come for both affordable and high-valued home prices.
The area was first known as the Old MacDonald Ranch, but the name changed to Palm Village in the 1920s when date palms were planted. Local historians said the main residents of pre-1950 Palm Desert were Cahuilla Indian farmers of the now extinct San Cayetano tribe, but a few members of the Montoya family of Cahuilla/Spanish descent were prominent leaders in civic life.
The first residential development occurred in 1943 in connection with an Army maintenance camp in the area. That site was later developed into "El Paseo", an upscale shopping district not unlike Rodeo Drive. In 1948, the Palm Desert Corporation began to develop real estate, and in 1951 the area was given its present name.
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