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. Canoga Park Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Canoga Park, California
About Canoga Park
Canoga Park is a neighborhood in the San Fernando Valley region of Los Angeles, California, United States. Its 60,000+ residents are considered to be "highly diverse" ethnically. Before the Mexican War the district was part of a rancho, and after the American victory it was converted into wheat farms and then subdivided, with part of it named Owensmouth as a town founded in 1912. It joined Los Angeles in 1917 and was renamed Canoga Park on March 1, 1931, thanks to the efforts of local prominent civic leader Mary Logan Orcutt.
The area of present day Canoga Park was the homeland of Native Americans in the Tongva-Fernandeño and Chumash-Venturaño tribes, that lived in the Simi Hills and along to the tributaries of the Los Angeles River. They traded with the north Valley Tataviam-Fernandeño people. Native American civilizations inhabited the Valley for an estimated 8,000 years. Their culture left the Burro Flats Painted Cave nearby.
From 1797 to 1846 the area was part of Mission San Fernando Rey de España (Mission San Fernando). After the Mexican War of Independence from Spain the 'future Canoga Park' land became part of Rancho Ex-Mission San Fernando. In 1845 a land grant for the separate and historically rich Rancho El Escorpión was issued by Governor Pío Pico to three Chumash people, Odón Eusebia, his brother-in-law Urbano, and Urbano's son Mañuel. It was located in the area west of Fallbrook Avenue and later called Platt Ranch.
In 1987 much of the western district of Canoga Park was renamed West Hills and a portion of the eastern district was renamed Winnetka. On June 25, 2005, Canoga Park was named an All-America City. Currently Canoga Park and neighboring Woodland Hills may have the largest shopping mall on the West Coast, with the planned merger of Topanga Plaza-Westfield Topanga with the Woodland Hills Promenade-Westfield Promenade in Warner Center.
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