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. La Mesa Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in La Mesa, California
About La Mesa
La Mesa is a city in San Diego County, California. The population was 57,065 at the 2010 census, up from 54,749 at the 2000 census.
La Mesa in Spanish means "the table", or alternately "the plateau", relating to its geography. La Mesa was part of a larger tract,Mission San Diego de Alcalá, and was used by Spanish Missionaries.
La Mesa was founded in 1869 and The City of La Mesa was incorporated on February 16, 1912, under the general laws of the State of California. As such, it does not have a city charter but operates under the laws of the State of California in all respects not specifically covered by any city ordinance.
La Mesa is located at 32°46′17″N 117°1′22″W (32.771450, -117.022797). It is bordered by the city of San Diego on the west and north, Spring Valley and Lemon Grove on the south, and El Cajon on the east. It includes the neighborhood of Grossmont.
According to the United States Census Bureau, the city has a total area of 9.1 square miles (24 km2). 9.1 square miles (24 km2) of it is land and 0.04 square miles (0.10 km2) of it (0.44%) is water.
La Mesa is approximately 12 mi (19 km)) east of the Pacific Ocean. Because of this, La Mesa typically experiences more extreme temperatures than San Diego, which mostly lies significantly closer to the Pacific Ocean. La Mesa has a Semi-arid Steppe climate. La Mesa typically has hot, dry summers and warm winters with most of the annual precipitation falling between November and March. The city has dry weather with around 13" of annual precipitation. Summer temperatures are generally hot, with average highs of 78°F-92°F (26°C–33°C) and lows of 56°F–68°F (13°C–20°C). Winter temperatures are warm, with average high temperatures of 66°F–77°F (19°C–25°C) and lows of 46°F–58°F (8°C–14°C). The climate in the San Diego area, like much of California, often varies significantly over short geographical distances resulting in micro-climates. In San Diego's case this is mainly due to the city's topography (the Bay, and the numerous hills, mountains, and canyons). Frequently, particularly during the "May gray/June gloom" period, a thick "marine layer" cloud cover will keep the air cool and damp within a few miles of the coast, but will yield to bright cloudless sunshine approximately 5–10 miles (8–16 km) inland. This happens every year in May and June. Even in the absence of June gloom, inland areas tend to experience much higher temperatures than areas closer to the coast.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
