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. Escondido Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Escondido, California
About Escondido
Escondido is a city occupying a shallow valley ringed by rocky hills, just north of the city of San Diego, California. Founded in 1888, it is one of the oldest cities in San Diego County. The city had a population of 143,911 at the 2010 census. Its municipal government set itself an operating budget limit of $426,289,048 for the fiscal year 2010-2011. The city is known as Eskondiid in Diegueño. A 2005 nationwide study listed the city of Escondido as one of the mostconservative cities in America.
The Escondido area was first settled by the Luiseño, who established campsites and villages along the creek running through the area. They named the place "Mehel-om-pom-pavo." The Kumeyaay migrated from areas near the Colorado River, settling both in theSan Pasqual Valley and near the San Dieguito River in the southwestern and western portions of what is now Escondido. Most of the villages and campsites today have been destroyed by development and agriculture.
Spain controlled the land from the late 18th century to the early 19th century, and established many missions in California to convert the indigenous people. When Mexico gained its independence from Spain, the local land was divided into large ranchos. Most of what is now Escondido occupies the former Rancho Rincon del Diablo ("Devil's Corner"), a Mexican land grant given to Juan Bautista Alvarado (not the governor of the same name) in 1843 by Governor Manuel Micheltorena. Alvarado was a Regidor of Los Angeles at the time, and the first Regidor of the pueblo of San Diego. The southern part of Escondido occupies the former Rancho San Bernardo, granted in 1842 and 1845.
The city is growing at a rapid rate with new communities like Hidden Trails appearing at the east end of East Valley Parkway. The city proper is surrounded by several sparsely populated unincorporated communities. These include Jesmond Dene and Hidden Meadows to the north; Felicita Park to the southwest; and Rincon Del Diablo to the southeast. Residents of these communities have Escondido mailing addresses and zip codes, and their children are sometimes assigned to Escondido schools, but residents of these communities cannot participate in city elections.
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