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. Fontana Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Fontana, California
About Fontana
Fontana is a city of 200,762 residents in San Bernardino County, California. Founded by Azariel Blanchard Miller in 1913, it remained essentially rural until World War II, when entrepreneur Henry J. Kaiser built a large steel mill in the area. It is now a regional hub of the trucking industry, with Interstate 10 and State Route 210 transecting the city from east to west, and Interstate 15passing diagonally through its northwestern quadrant.
It is home to the largest of the San Bernardino County system libraries, a renovated historic theater, a municipal park, and the Auto Club Speedway on the site of the Kaiser Steel Mill. Fontana also hosts the Fontana Days Half Marathon and 5K run. This race is the fastest half-marathon course in the world.
The U.S. 2012 Census reported that Fontana's population was 200,762 in 2012, making it the second most populous city in San Bernardino county and 14th in the state.
Fontana was founded in 1913 by Azariel Blanchard Miller. Within a few years it became an agricultural town of citrus orchards, vineyards and chicken ranches astride U.S. Route 66 (now known as Foothill Boulevard). The Fontana area was radically transformed during World War II when Henry J. Kaiser built one of only two steel mills west of the Mississippi River outside the city limits.
In the 1950s and '60s Fontana was home to a drag racing strip that was a venue in the NHRA circuit. Mickey Thompson’s Fontana International Dragway was also referred to as Fontana Drag City or Fontana Drag Strip. The original Fontana strip is long since defunct, but the owners of NASCAR’s new Auto Club Speedway opened a new NHRA-sanctioned drag strip in Fontana in mid-2006 to resurrect Fontana’s drag-racing heritage.
Ro-Val's automobile museum, located on Foothill Blvd on the western outskirts between Fontana and Cucamonga, was for a while the home for many classic automobiles of the 1920s and '30s, including a huge vehicle once owned by screen actor Fatty Arbuckle. When the Ro-Val museum closed, the vehicles were sold to Bill Harrah, a Nevada casino owner and automobile collector, who placed them on display in the museum located at his casino.
As of the 2000 census, the city had a total population of 128,929, but the present population is now estimated to have reached 189,021 (2009). This rapid expansion had much to do with the numerous large, new residential developments in the almost totally undeveloped northern part of the city, as well as with the city's aggressive (and highly successful) campaign to annex several unincorporated, but developed, San Bernardino county island areas in 2006-2007.
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