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. Oceanside Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Oceanside, California
About Oceanside
Oceanside is a coastal city located on California's South Coast. It is the third-largest city in San Diego County, California. The city had a population of 183,095 at the 2010 census. Together with Carlsbad and Vista, it forms a tri-city area. Oceanside is located just south of Marine Corps Base Camp Pendleton.
Originally inhabited by Native Americans, the first European explorers arrived in 1769. Spanish missionaries under Father Junipero Serra founded Mission San Luis Rey de Francia on a former site of a Luiseño Indian village on the banks of the San Luis Rey River. In the early 19th century, the introduction of farming and grazing changed the landscape of what would become Oceanside. The area - like all of California - was under Spanish, then in 1821 under Mexican rule, and conquered by the U.S. in 1848.
In the late 1850s, Andrew Jackson Myers lived in San Joaquin County. A native of La Salle County, Illinois, he returned in the late 1880s and lived in San Luis Rey. In 1882 Myers moved on the land that was the original town site for Oceanside. A patent for the land was issued in 1883 by the federal government. It was incorporated on July 3, 1888. The city hall as of the early 21st century stands on the former Myers homestead.
In the 20th century, Oceanside was a beach town devoted to activities on a 6-mile (9.7 km) stretch of beaches. Residential areas like downtown (built in the 1890s), South Oceanside (built in the 1920s and 1930s), and developments east of Interstate 5 (built after World War II) are preserved and remodeled when these houses are considered to have historical value. Since the establishment of Marine Corps Base Camp Pendleton in 1942, Oceanside has been home to U.S. armed forces personnel, and the wartime industry of WWII and the 1950s had an ammunition manufacturing facility in the city. After 1970, the main focus of Oceanside was suburban development and a choice for newcomers to move into then relatively affordable housing. Oceanside continues to be known for the value and appreciation as a vacation home market.
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