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. El Cajon Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in El Cajon, California
About El Cajon
El Cajon is a city in San Diego County, California. The population was 99,478 at the 2010 census and grew to 100,116 in 2011. Nestled in a valley surrounded by mountains, the city has acquired the nickname of "The Big Box". Its name originated similarly, from the Spanish phrase "el cajón", which means "the big box" or "the drawer".
El Cajón, the Spanish word for "box", was first recorded on September 10, 1821, as an alternative name for sitio rancho Santa Mónica, describing the "boxed in" nature of the valley in which it sat. The name appeared on maps in 1873 and 1875 as shortened to just "Cajon" until the modern town developed where the post office was named "Elcajon." In 1905, the name was once again expanded to "El Cajon" when California banker and historian, Zoeth Skinner Eldredge, insisted that the words be separated.
During Spanish rule (1769-1821), the government encouraged settlement of territory now known as California by the establishment of large land grants called ranchos, from which the English word ranch is derived. Land grants were made to the Roman Catholic Church which set up numerous missions throughout the region. In the early nineteenth century, mission padres' search for pasture land led them to the El Cajon Valley. Surrounding foothills served as a barrier to straying cattle and a watershed to gather the sparse rainfall. For years, the pasture lands of El Cajon supported the cattle herds of the mission and its native Indian converts.
It was not until the Mexican era (1821–1846) that titles to plots of land were granted to individuals. The original intent of the 1834 secularization legislation was to have church property divided among the former mission Indians. However, most of the grants were actually made to rich 'Californios' of Spanish background who had long been casting envious eyes on the vast holdings of the Roman Catholic Missions. In 1845 California Governor Pio Pico confiscated the lands of Mission San Diego de Alcala. He granted eleven square leagues (about 48,800-acres, 197km2) of the El Cajon Valley to Dona Maria Antonio Estudillo, daughter of José Antonio Estudillo, alcalde of San Diego, to repay a $500 government obligation. The grant was originally called Rancho Santa Monica and encompassed present day El Cajon, Bostonia, Santee, Lakeside, Flinn Springs, and the eastern part of La Mesa. It also contained the 28-acre (0.11 km2) Rancho Cañada de los Coches grant. Maria Estudillo was the wife of Don Miguel Pedrorena (1808–1850), a native of Madrid, Spain, who had come to California from Peru in 1838 to operate a trading business.
With the cession of California to the United States following the Mexican-American War, the 1848 Treaty of Guadalupe Hidalgo provided that the land grants would be honored. As required by the Land Act of 1851, a claim for Rancho El Cajon was filed by Thomas W. Sutherland, guardian of Pedrorena's heirs (his son, Miguel, and his three daughters, Victoria, Ysabel and Elenain) with the Public Land Commission in 1852, confirmed by the U.S. Supreme Court, and the grant was patented in 1876. In 1868, Los Angeles land developer Isaac Lankershim bought the bulk of the Pedrorena's Rancho El Cajon holdings, employing Major Levi Chase, a former Union Army officer, as his agent. Chase received from Lankershim 7,624 acres (30.9 km2) known as the Chase Ranch. Lankershim hired Amaziah Lord Knox (1833-1918), a New Englander whom he had met in San Francisco, to manage Rancho El Cajon. In 1876, Knox established a hotel there to serve the growing number of people traveling between San Diego and Julian, where gold had been discovered in 1869. Room and board for a guest and horse cost $1 a night. The area became known as Knox's Corners and was later renamed. By 1878there were 25 families living in the valley and a portion of the hotel lobby became the valley post office with Knox as the first postmaster.
El Cajon was incorporated as a city in 1912. A portion of the western boundary of the city follows the eastern boundary of a similar land grant, made under Spanish law (prior to Mexican independence) to the Mission San Diego de Alcala.
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