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. Wildomar Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Wildomar, California
About Wildomar
Wildomar is a city in Riverside County, California, United States. It was incorporated on July 1, 2008. The city is located in a fast-growing area. As of the 2010 census, the population of Wildomar was 32,176, an increase from 14,064 at the 2000 census, when the community was still an unincorporated census-designated place.
In the summer of 1880 when, looking down from the peak of Mt. Baldy, Franklin Heald of Pasadena first noticed Lake Elsinore, then known as La Laguna. A few months later, in October, Mr. Frank Kimbal of San Diego signed an agreement with theAtchison, Topeka, and Santa Fe Railroad to build a rail line past the lake from San Diego to Barstow, then known as Waterman.
The next winter, Heald traveled by buggy to see La Laguna (Lake Elsinore) at the same time work commenced on the rail line from San Diego skirting the lakeshore. The new line was to be known as the California Southern Railroad. Rails and spikes were brought from Antwerp, Belgium and locomotives came from the Eastern Seaboard. The line was completed as far as Colton, California on August 14, 1882. The new train service was destined to bring development to the Wildomar area, then known as just Rancho La Laguna.
Heald found that the Rancho La Laguna could be purchased, with the exception of some 500 acres (2.0 km2) owned by the Machado family, from the London and San Francisco Bank for $24,000. On July 3, 1883, Heald paid one thousand dollars as a down payment on the area. He then brought in William Collier and Donald Graham as partners. On September 24 of that year, the three men purchased the 12,832 acres (51.93 km2) of Rancho La Laguna with an additional payment of $7,000 advanced by William Collier. The remaining debt was paid off shortly thereafter.
The railroad placed a box car, known as “Car B,” off to the north-west side of the mainline near what is now Clinton Keith Road on January 1, 1884. For a number of years this served as the railroad depot for the area that was to become Wildomar.
Heavy rains in the winter of 1884 left as much as 60 inches (1,500 mm) washing out the railroad tracks below Temecula as well as along the San Jacinto River and Railroad Canyon near the shore of Lake Elsinore. Flood damage broke the California Southern Railroad financially. The Santa Fe Railroad came to the rescue. Santa Fe took over the rail line and rebuilt it by the beginning of 1885. The rail line through Wildomar became the Atchinson, Topeka and Santa Fe Railroad.
In January 1885, Collier, Graham, and Heald made a map of Blocks K, L and M of the Elsinore Area, recording the maps with San Diego County in October of that year. In February 1885, Collier and Graham purchased Franklin Heald’s one-third interest in the 2,600 acres (11 km2) of unsold land south-east of Corydon Road. Heald took full interest in the unsold land to the north west of the Corydon Road line. Collier and Graham made a map of the Wildomar townsite in December 1885, recording it with San Diego County the following November 20. The name “Wildomar” was derived by combining the names of the new town’s founders, "WIL" for William Collier, "DO" for Donald Graham, and "MAR" for Margaret Collier Graham, wife of Donald Graham and sister of William Collier.
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