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. Montclair Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Montclair, California
About Montclair
Montclair is a city in San Bernardino County, California, United States. The population was 36,664 at the 2010 United States Census.
Montclair is bordered by Pomona to the West, Claremont and Upland to the North, Ontario to the East and Chino to the South and is in San Bernardino County. Montclair is in the Pomona Valley and part of the Inland Empire. The San Bernardino Freeway (10 Fly.) runs through the northern part of the city.
The earliest known inhabitants of the area were from the Serrano tribe of Native Americans. The Serrano established their village along a creek named Arroyo de los Alisos, now named San Antonio Creek, which flowed along a route that is now Mills Avenue, the western border of the city.
In 1897, a "Township of Marquette" was founded within the borders of the modern city of Montclair. In 1900, a 1,000 acres (4.0 km2) tract of land was surveyed and named "Monte Vista". A small settlement to the south of Monte Vista was established in 1907 and named "Narod". Throughout the first half of the 20th century, the settlement was largely devoted to citrus orchards. The Monte Vista tract experienced growth in residential development after the Second World War, and the tract was incorporated as the city of Monte Vista on April 25, 1956. Due to conflict with the Post Office, which refused to open an office in Monte Vista due to a name conflict with a community in Northern California, the city was renamed Montclair on April 8, 1958.
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