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. Rialto Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Rialto, California
About Rialto
Rialto is a city in San Bernardino County, California, United States. According to Census Bureau estimates, the city had a population of 99,171 in 2010.
Rialto is home to four major regional distribution centers: Staples Inc., which serves stores across the entire West Coast of the United States, Toys "R" Us, Under Armour and Target in the northern region of the city, in the Las Colinas community. One of the United States' largest fireworks companies, Pyro Spectaculars, is also headquartered in Rialto.
Rialto also known as "Bridge City" features a somewhat cooler version of a Mediterranean climate, which may be characterized as a Continental Mediterranean climate, which is known for wet, cool to chilly winters (frost is typical during this time of year) with hot, dry summers. Like other areas in Southern California, winters are colder with frost and with chilly morning temperatures common.
Ancient artifacts discovered by archaeologists suggest that what is now the city of Rialto was settled prior to 1500. Such artifacts, now found at the Rialto Historical Society, indicate that the Serrano Indians lived in the Rialto area between 1500 and 1800 AD. There is no indication as to where these Indians went or why.
In 1842, the Lugo family was granted the Rancho San Bernardino-a holding of 37,700 acres-which encompassed Rialto. In 1851, the Mountain Family purchased part of the Lugo family's Rancho San Bernardino, and claimed several other portions of the bench, which later became known as Rialto. The United States Government, permitting them a smaller fraction of the initial purchase, later amended this claim.
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