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. Coronado Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Coronado, California
About Coronado
Coronado, also known as Coronado Island, is an affluent resort city located in San Diego County, California, across San Diego Bay from downtown San Diego. Its population was 24,697 at the 2010 census, up from 24,100 at the 2000 census. Coronado lies on a peninsula connected to the mainland by a 10-mile (16 km) isthmus called the Silver Strand (locally, The Strand.) Locals sometimes call Coronado The Island or Coronado Island, and they denote the core living and business area as The Village. In May 2012, Dr. Stephen Leatherman, Director of the Laboratory for Coastal Research, ranked Coronado Beach as the best beach in the United States.
Coronado is Spanish for "the crowned one", and thus it is nicknamed The Crown City. There have been three ships of the United States Navy named after the city, including the USS Coronado (LCS-4).
The town of Coronado was founded in 1885. The land was purchased by E.L Babcock, Hampton L. Story, and Jacob Gruendike. Their intention was to create a resort community, and in 1886 the Coronado Beach Company was organized. By 1888 they had built the Hotel del Coronado and the city became a major resort destination. They also built a schoolhouse, and formed athletic, boating, and baseball clubs.
According to the United States Census Bureau, the city has a total area of 32.7 square miles (85 km2); 20.5 km² (7.9 mi²) of the city is land and 24.7 square miles (64 km2) of it (75.72%) is water.
Originally Coronado was separated from North Island by a shallow channel called the Spanish Bight. The development of North Island by the United States Navy prior to and during World War II led to the filling of the Bight in 1943, combining the land areas into a single body. The Navy still operates Naval Air Station North Island (NASNI or "North Island") on Coronado. On the southern side of the town is Naval Amphibious Base Coronado, a training center for Navy SEALS and SWCC. Both facilities are part of the larger Naval Base Coronado complex.
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