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. Imperial Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Imperial Beach, California
About Imperial Beach
Imperial Beach is a residential beach city in San Diego County, California, with a population of 26,324 at the 2010 census. The city is the most southern beach city in Southern California and the West Coast of the United States. It is in the South Bay area of San Diego County, 14.1 miles south of downtown San Diego and 5 miles northwest of downtown Tijuana, Mexico.
Imperial Beach is located at 32°34′42″N 117°7′2″W (32.578255, -117.117111) making it the most southwesterly city in the continental United States. According to the United States Census Bureau, the city has a total area of 4.5 square miles (12 km2). 4.2 square miles (11 km2) of it is land and 0.3 square miles (0.78 km2) of it (7.22%) is water. The city occupies the extreme southwest corner of the continental United States: bordered by Tijuana, Mexico to the south, Coronado, California and the San Diego Bay to the north, San Diego to the east, and the Pacific Ocean to the west.
Imperial Beach is located in San Diego County, the fifth most-populous county in the United States and part of the San Diego Metropolitan Area, the 17th largest metropolitan area in the United States with over 3 million people. It is also part of the San Diego – Tijuana metropolitan area, the largest bi-national metropolitan area shared between the United States and Mexico with over 5 million people. Despite the large population surrounding the city, Imperial Beach maintains a small residential feel.
Founded in June 1887, the city takes its name from Imperial County, California, a desert climate 100 miles east. Farmers and landowners from the Imperial Valley came to the area in the late 1880s seeking cooler weather during summer months. In March 1887, over 2,000 laborers descended upon nearby Coronado, California to construct the Hotel del Coronado, the largest resort in the world at the time. A large amount of the workers stayed in Imperial Beach and some would later make it their permanent homestead. The city would incorporate in 1956, operating its own Mayor-council government providing city fire department service and policing by the San Diego County Sheriff's Department.
The city has a Mediterranean climate with summer temperatures often in the upper 70s and winter temperatures in the 60s. Because of the comfortable year round temperatures many homes in Imperial Beach are built without air conditioning. Imperial Beach often remains 10 degrees cooler than inland areas of San Diego County in the summer, and 10 degrees warmer in the winter. The city is mostly or partly sunny 323 days of the year, with the wettest months in winter. The Farmer's Almanac consistently ranks the area within the Top 10 Best Weather Cities in America. The Scripps Institution of Oceanography operates a weather reporting station at the middle of the Imperial Beach Pier for sky condition, temperature, humidity, pressure, wind and water temperature data.
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