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. Big Bear Lake Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Big Bear Lake, California
About Big Bear Lake
Big Bear Lake is a city in San Bernardino County, California, United States along the south shore of Big Bear Lake and surrounded by the San Bernardino National Forest. It is located 25 miles (40 km) northeast of the city of San Bernardino, and immediately west of Big Bear City. The population was 5,019 at the 2010 census, down from 5,438 at the 2000 census. However, being a year-around resort, the actual number of people staying in the greater Big Bear Valley area surges to over 100,000 many weekends of the year.
Big Bear Lake was inhabited by the indigenous Serrano Indians for over 2,000 years before it was explored by Benjamin Wilson and his party. Once populated by only the natives and the Grizzly bears, from which the area received its name, the population of the Big Bear Valley grew rapidly during the Southern California Gold Rush from 1861 to 1912. Grizzly bears were not found in the region after 1908. Today, there are black bears in the region since their introduction in 1933, and they are sometimes sighted in residential areas.
A trip to Big Bear Lake from San Bernardino took two days on horse-drawn coaches. Kirk Phillips was a local who took a trip to New York City and saw the world's first bus line. This inspired him to create the world's second bus line from San Bernardino to Big Bear Valley using White trucks with several rows of seats. This made it possible for the villages to grow and for Big Bear Lake to become the first mountain recreation area in Southern California.
Many people traveled to enjoy recreation on the lake; however, another major draw was the natural hot spring. Emile Jesserun bought 40 acres (160,000 m2) of land that included the hot spring and built the first major resort in Big Bear, the Pan Hot Springs Hotel, in 1921.
This resort was followed with others that strived to be the best by creating a country club atmosphere complete with the amenities required to lure the Hollywood celebrities of the time including Cecil B. DeMille, Shirley Temple, and Ginger Rogers.
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