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. National City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in National City, California
About National City
National City is a city in San Diego County, California. The population was 58,582 at the 2010 census, up from 54,260 at the 2000 census. National City is the second oldest city in San Diego County and has a historic past.
For thousands of years, the Kumeyaay, also known as Tipai-Ipai, lived peacefully and prospered in San Diego County's moderate climate. The area known as National City today was part of the Kumeyaay's ancestral territory which ranged east to El Centro, north to Escondido, and south to Baja California. The Kumeyaay were skilled hunters and innovative agriculturists. The Kumeyaay established their rich cultural identity and traditions, many of which are still practiced and honored today. The Kumeyaay first encountered Europeans with the arrival of Juan Rodriguez Cabrillo in 1542 in what is now San Diego. By the year 1769, when Spanish soldiers and missionaries, led by Father Junipero Serra, founded the Mission San Diego de Alcalá and the Presidio of San Diego, the destruction of the Kumeyaay way of life had irreversibly begun. By the late 18th century, Spaniards entered Tipai-Ipai(Kumeyaay) territory, bringing with them non-native, invasive flora, and domestic animals like horses and cattle, which brought about degradation to local ecology.
The Spanish named the 26,000 acres of land, El Rancho del Rey (the Ranch of the King), used by Spanish soldiers to graze horses. After independence from Spain, in 1810, the Mexican government renamed it Rancho de la Nacion (Ranch of the Nation). Governor Pio Pico granted Rancho de la Nación to his brother-in-law John (Don Juan) Forster in 1845. President Andrew Johnson, in issuing the land patent, listed the name as simply "The National Ranch." National City is the English translation the land grant name, "Rancho de la Nacion."
In 1868, Frank Kimball and his brothers Warren and Levi, contractors and builders from San Francisco, purchased the entire rancho and thus began the foundation of the celebrated city, retaining the National name.
Frank Kimball first brought novelty and change to the area by building his personal residence. His home included a bathtub as well as hot, running water, making it the first modern house in the entire county. However, it was more than his personal innovative endeavors that allowed the region to flourish. By constructing the first roads and railroad in what is now National City, Frank and his brothers most notably were responsible for introducing modern transportation to the residents of the community. The brothers also implemented the area’s first post office and a wharf for sea-bound imports and exports. These large ventures, coupled with smaller personal missions both contributed to the overall goal of creating a community unparalleled to the times. A lasting mark of the Kimballs were the trees they imported and planted from Europe and Asia, accomplished via a partnership with the U.S. Department of Agriculture. These trees can be found dotted throughout the city to this very day. It was the passion and influence of the Kimballs as well as other early pioneers that made way for the city’s incorporation on September 17, 1887.
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