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. Grand Terrace Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Grand Terrace, California
About Grand Terrace
Grand Terrace is a city in San Bernardino County, California, United States. The population was 12,040 at the 2010 census, up from 11,626 at the 2000 census. Grand Terrace is located between the cities of Riverside and San Bernardino along the I-215 and Aqua Mansa Industrial corridors. The city is situated between two mountain ridges, Blue Mountain to the east, and La Loma Hills to the west.
The city was incorporated in 1978. In the early 1900s it was known as East Riverside, then South Colton and later as the community of Grand Terrace. Settlers date back to the 1800s including the Spanish California and Mexican California period, then came Mormon settlers in the 1850s in the San Bernardino Valley and Seventh-day Adventists whose church headquarters are in nearby Loma Linda; and finally, the Southern California suburbia and sunbelt growth periods in the late half of the 20th century.
This 3.6-square-mile (9.3 km2) community has an average elevation of 1,065 feet (325 m). Its motto, inscribed on the city flag, is "The Blue Mountain City" (its official slogan is "A city set upon a mountain cannot be hidden"), and refers to the Blue Lupine flower that used to grow on Blue Mountain in the spring.
According to the city's web site, the 2000 census revealed that Grand Terrace has the highest median income in the Inland Empire region at $61,068. According to an article in The Press Enterprise dated May 31, 2002, "Its clean streets, quiet neighborhoods and no violent crime are big draws for its middle-income population."
In the state legislature Grand Terrace is located in the 32nd Senate District, represented by Democrat Norma J. Torres, and in the 47th Assembly District, represented by Democrat Cheryl Brown. Federally, Grand Terrace is located in California's 31st congressional district, which is represented by Republican Gary Miller.
Currently the city government consists of Mayor Walt Stanckiewitz, Mayor Pro Tem Bernardo Sandoval, Council Member Darcy McNaboe, Council Member Jackie Mitchell, and Council Member Sylvia Robles. The City Manager is Betsy M. Adams.
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