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. Santee Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santee, California
About Santee
Santee is a suburban city in San Diego County, California, with a population of 53,413 at the 2010 census. Although it is a part of the East County region, Santee is located just 18 miles (29 km) from the Pacific Ocean. The city is connected to the coastline by State Route 52, a six-lane freeway that runs from Interstate 5 in La Jolla to State Route 67 in El Cajon. The city is bisected by the San Diego River, a linear greenbelt that includes parks, trails and more than 1,100 acres (450 ha) of natural riparian habitat. The city's potential for growth and progress was touted in a San Diego Union-Tribune editorial titled "All Roads Lead to Santee".
Original inhabitants were the Kumeyaay Indians, who established a village on the banks of the San Diego River called Sinyeweche. The city is named after Milton Santee, second husband of Jennie Blodgett, whose first husband was George A. Cowles, a ranching pioneer in the San Diego area.
In 2010, the city was populated by 19,272 households, of which 64 percent had incomes greater than $45,000 annually. In 2009, the median household income was $78,872 per year, according to the San Diego Association of Governments. In 2010, Santee had one of the lowest crime rates among cities in San Diego County. Unlike most of the county's coastal cities, Santee still has sizable portions of vacant land suitable for development. It is a growing suburban community that in recent years has added upscale housing, a major corporate business park and expansive shopping centers, along with a destination recreational complex called Sportsplex USA Santee.
Santee, which is 345 feet (105 m) above sea level, shares the northern part of a valley with the city of El Cajon. The city is bisected by the San Diego River, which flows east to west for approximately 4.2 miles (6.8 km) within the city limits. Hills form a natural barrier on its northern and western sides. Prominently overlooking the western side of Santee is Cowles Mountain. This natural landmark, which is the highest point in the city of San Diego, offers sweeping views of the county and is a popular hiking destination.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
