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. Colton Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Colton, California
About Colton
Colton is a city in San Bernardino County, California, United States. The city is located in the Inland Empire region of the state and is approximately 57 miles east of Los Angeles. The population of Colton is 52,154 according to the 2010 census, up from 47,662 at the 2000 census.
Colton is the site of Colton Crossing, one of the busiest at-grade railroad crossings in the United States. This crossing is currently being replaced by a fly-over that will raise the east–west Union Pacific tracks over the north–south Burlington Northern Santa Fe tracks. The Union Pacific's "Sunset Route" and the BNSF's "Southern Transcontinental Route" cross at this point. As traffic on each line has soared since the mid-1990s, fueled largely by the vast increase in imports passing through the ports of Los Angeles and Long Beach, the primitive crossing has become a serious bottleneck. The crossing was installed in 1882 by the California Southern Railroad to cross the Southern Pacific Railroad’s tracks while building northward from San Diego.
Colton was founded in 1875 and incorporated in 1887 but before its establishment, it was inhabited by the Serrano, Guachama, and San Gorgonio Indians. During the Mission Era the Mission San Gabriel established a Spanish settlement Politana in 1810, just northeast of what is now Colton. By 1840, Colton was part of two private ranchos, Jurupa and San Bernardino Rancho. From southwest area of modern-day Colton was known as "Agua Mansa" (Gentle Waters). It had been settled by New Mexico pioneers in 1842. What is currently known as Cooley Ranch was known as Indian Knolls for nearly 100 years. This is because the Indians living in what is now the San Bernardino Valley found refuge on the knolls of the property during the flood of 1862. The original owner of the property was George Cooley of Kent, England who had moved to Colton in 1853 and who purchased 200 acres at $3.50 an acre along the Santa Ana River the next year. Cooley was chairman of the San Bernardino County Board of Supervisors in San Bernardino County. By 1873, the property had mushroomed into a 400-acre property. Eventually, when property taxes had increased, the property was sold to Vitelli Enterprises of La Habra. The city was named after David Duty Colton who had been a Brigadier General of the California State Militia in 1855, prior to the Civil War. He was later the Vice President of the Southern Pacific Railroad Company.
Colton was created in its modern form when the Southern Pacific Railway was built heading east from Los Angeles in 1875.
Virgil Earp lived in Colton at 528 West "H" Street where he was the town's first marshal. He resided in Colton from 1883 to 1889. Morgan Earp is buried at Hermosa Cemetery.
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