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. Chino Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Chino, California
About Chino
Chino is a city in San Bernardino County, California, United States. It is located in the western end of the Riverside-San Bernardino Area and it is easily accessible via the Chino Valley (71) and Pomona (60) freeways.
Chino is bounded by Chino Hills to the west, unincorporated San Bernardino County (near Montclair) to the north, Ontario to the northeast, unincorporated San Bernardino County to the southeast, and unincorporated Riverside County to the south. The population was 77,983 at the 2010 census.
Chino and its surroundings have long been a center of agriculture and dairy farming, serving the considerable demands for milk products in Southern California and much of the southwestern United States. Chino's rich agricultural history dates back to the Spanish land grant forming Rancho Santa Ana del Chino. The area specialized in orchard, row crops and dairy. Downtown Chino is home to satellite branches of the San Bernardino County Library and Chaffey Community College, the Chino Community Theatre, the Chino Boxing Club and a weekly Farmer's Market. In 2008, the city of Chino was awarded the prestigious "100 Best Communities for Youth" award for the second time in three years. Chino hosted shooting events for the 1984 Summer Olympics at the Prado Olympic Shooting Park in the Prado Regional Park. Two California state prisons for adults (California Institution for Men and California Institution for Women), as well as the Heman G. Stark Youth Correctional Facility, lie within the city limits.
The land grant on which the town was founded was called Rancho Santa Ana del Chino. Santa Ana is Spanish for Saint Anne, but the exact meaning of "Chino" has been explained in different ways. One explanation is that the "Chino," (curly-haired person or mixed-race person) was the chief of the local Native American village. The president of the Chino Valley Historical Society, drawing on US Civil War-era letters, designates the "curl" referenced in the toponym as that at the top of the grama grass that abounded in the valley.
The first inhabitants of Chino in modern times were the Tongva, who had a settlement called Wapijangna in the Santa Ana River watershed. Some residents of Wapijanga were baptized at Mission San Gabriel, which was established in 1771. The Spanish crown claimed the land, at least nominally, until Mexican independence was finalized and possession fell to the Mexican government.
Some twenty years later, Mexican governor of Alta California Juan Bautista Alvarado granted Rancho Santa Ana del Chino to Antonio Maria Lugo of the prominent Lugo family. Two years later, his successor, Governor Micheltorena, granted an additional three leagues to Lugo's son-in-law Isaac Williams, who took charge of the rancho. Williams kept large quantities of horses and cattle, which attracted the envy of raiding Native Americans as well as unscrupulous whites. One of the latter was James Beckwourth, who, in 1840, posed as an otter hunter and stayed at Rancho Chino to determine the location of the area's animals, which he then reported to Walkara, the Ute mastermind of the raids.
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