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. Rancho Mirage Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Rancho Mirage, California
About Rancho Mirage
Rancho Mirage is a resort city in Riverside County, California, United States. The population was 17,218 at the 2010 census, up from 13,249 at the 2000 census, but the seasonal (part-time) population can exceed 20,000. In between Cathedral City and Palm Desert, it is one of the nine cities of the Coachella Valley (Palm Springs area). Rancho Mirage was incorporated in 1973 from a merger of Mirage Cove with five unincorporated areas known as the "Cove communities" (Desert, Magnesia, Palmas, Tamarisk and Thunderbird), and had 3,000 permanent residents at the time.
Although the first modern settlements date back to the 1920s and 1930s, Rancho Mirage got its claim to fame after World War II. The Annenberg Estate or Sunnylands, owned by philanthropists Walter and Leonore Annenberg, had long been popular with the wealthy and powerful, including Frank Sinatra, Bob Hope, Fred Astaire, Ginger Rogers, Queen Elizabeth II, and Mary Martin. SeveralUnited States Presidents have vacationed at the Annenberg estate, including Richard Nixon, Ronald Reagan, and Gerald Ford. Ford later bought a house in Rancho Mirage and was living there at the time of his death in 2006. The Betty Ford Center, a world-renowned addiction rehabilitation center, is located in Rancho Mirage at the Eisenhower Medical Center.
Rancho Mirage has twelve golf courses, also known as country clubs or golf resorts. The city's first resort was the Thunderbird Guest Ranch, opened in 1946 for entertainers and business clientele. Other golf resorts are the Tamarisk, Mission Hills, the Springs, Sunrise, Omni Resorts Rancho Las Palmas hotel (opened in 1979 to replace the Desert Air golf and private airport from 1954–1978), Rancho Mirage, Morningside, Mission Hills North Course, Westin Hotels Mission Hills resort, and Tuscania by Sunrise Company opened in 2006.
The Agua Caliente Band of Cahuilla Indians of Palm Springs runs the Agua Caliente Casino on the intersection of Bob Hope Drive and Ramon Road off Interstate 10, opened in 2002. The casino is a popular destination for locals, tourists, and gambling enthusiasts. In 2008 the tribal board completed the expansion of the Agua Caliente resort, which includes a 12-story hotel and spa, as well as remodelling the casino and expanding the parking structures. A theater for top name entertainers opened in 2009. Though the Agua Caliente Resort and Casino was just outside the border of Rancho Mirage in an unincorporated area, the City of Rancho Mirage included the property as part of the city in an agreement with the tribe so they would have access to police and firefighting services.
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