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. City of Industry Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in City of Industry, California
About Industry
Industry, officially City of Industry, is an industrial suburb of Los Angeles in the San Gabriel Valley region of Los Angeles County. Home to over 2,500 businesses and 80,000 jobs, but only 219 residents at the 2010 census—down from 777 residents in 2000—the city is almost entirely industrial. It was incorporated on June 18, 1957 to prevent surrounding cities from annexing industrial land for tax revenue.
The City of Industry has no business taxes and is primarily funded through retail sales tax from shopping centers located within the city limits, and property tax on parcels within the City. The city has the highest property tax rate in Los Angeles County, at 1.92%. In addition, there is a revenue-generating hillside hotel resort, known as the Pacific Palms Resort (formerly the Industry Hills Sheraton), which is almost completely surrounded by the city of La Puente but actually located in the City of Industry.
City of Industry is a popular investment area for Chinese businessmen and the city has also emerged as a high-tech import/export center for computer parts, with business links to the Asian marketplace. For convenience many Chinese entrepreneurs and staff live in nearby Rowland Heights, Hacienda Heights, West Covina, Diamond Bar and Walnut.
The Workman and Temple Family Homestead Museum is located in the City of Industry. It is a Historic house and gardens museum of 19th century and early 20th century Southern California history and architecture, and of the generations of the Workman-Temple family that were influential here and in the region. The property is entered on the National Register of Historic Places.
Industry is the home of the Puente Hills Mall, a major shopping center that was the "Twin/Lone Pine(s) Mall" in the Back to the Future movie series. Adjacent to the mall's property is a SpeedZone entertainment center, which was featured in a prominent scene of Kevin Smith's Clerks II. A former IKEA store located north of the Puente Hills Mall and across the State Route 60 freeway was used as a shooting location for the final fight scene in Mr. & Mrs Smith. Its exterior was renovated so it could be used for both exterior and interior filming; it was later demolished.
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