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. Highland Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Highland, California
About Highland
Highland is a city in San Bernardino County, California, United States. The population in 2010 (US Census) was 53,104, up from 44,605 at the 2000 census. The term Highland also refers to a geographical area of the city of San Bernardino (generally north of Highland Avenue and east of Del Rosa Avenue to the eastern city limits), and parts of unincorporated San Bernardino County.
Highland was founded as a town site in 1891 and incorporated as a California general law city in November 1987. It follows a City Manager, City Council form of government with the City Manager appointed by the City Council.
In the state legislature Highland is located in the 31st Senate District, represented by Republican Robert Dutton, and in the 59th and 63rd Tim Donnelly Districts, represented by Republicans Anthony Adams and Bill Emerson respectively. Federally, Highland is located in California's 8th congressional district, which has a Cook PVI of R+12 and is represented by Republican Paul Cook.
Highland is served by two public school districts: Redlands Unified and San Bernardino Unified School Districts (the boundaries are generally defined by City Creek; residents east of City Creek are in the Redlands Unified School District while those west of City Creek are served by San Bernardino City Unified School District).
Highland is home to a one of a kind library and environmental learning center. The Highland Sam J. Racadio Library and Environmental Learning Center is a gold rated L.E.E.D. (Leadership in Energy and Environmental Design) building. It holds thousands of books, cd's, DVD's, and other items. It offers free computer access and Wi-Fi. It has a rooftop garden and is home to animals, amphibians, and reptiles from around the globe.
Highland residents who attend college locally have a few choices: the two-campus San Bernardino Community College District (which includes Crafton Hills College in Yucaipa and San Bernardino Valley College), Loma Linda University, the private University of Redlands, and the California State University's San Bernardino campus.
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