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. Apple Valley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Apple Valley, California
About Apple Valley
The town of Apple Valley is located in the Victor Valley of San Bernardino County, in the U.S. state of California. It was incorporated on November 14, 1988, and is one of the twenty-two incorporated municipalities in California that uses "town" in its name instead of "city." The town is east of and adjoining to the neighboring cities of Victorville and Hesperia, 37 miles (60 km) south of Barstow and46 miles (74 km) north of San Bernardino through the Cajon Pass. The population was 69,135 at the 2010 census.
Apple Valley is governed by a town council, whose current mayor is Curt Emick. The mayor changes each December. By policy, the highest vote getter in the most recent election is selected mayor by the five-member council.
Apple Valley was home to Roy Rogers and Dale Evans, whose museum was first established in Apple Valley (in 1967) before the museum was relocated to Victorville in 1976. Since 2003, the museum has been in Branson, Missouri. The move was made in hopes of reaching more fans; however, the museum closed for financial reasons on December 12, 2009.
Apple Valley is located at the southern edge of the Mojave Desert. It is bordered by the cities of Victorville on the west and Hesperiaon the southwest sides, with the village of Lucerne Valley a distance to the east. These three incorporated towns, along with city of Adelanto, are commonly known as the Victor Valley. The primary thoroughfare through Apple Valley is State Route 18, which was given the moniker "Happy Trails Highway" within Apple Valley town limits, after the theme song of Roy Rogers and Dale Evans, who once resided on Outer Highway 18. The commercial area is split currently between State Route 18 and Bear Valley Road (the two roads are near parallel until they intersect in the east, outside of town). The Mojave River that borders the west side of Apple Valley is one of only a handful of rivers in the world to flow magnetic north. The town is bounded on its southern edge by the foothills of the San Bernadino mountains.
According to the United States Census Bureau, the town has a total area of 73.5 square miles (190 km2) of which 73.2 square miles (190 km2) is land and 0.3 square miles (0.78 km2), or 0.45%, is water. The elevation of Apple Valley is approximately 2,900 feet (880 m) above sea level.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
