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. Northridge Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Northridge, California
About Northridge
Northridge is a neighborhood of Los Angeles, California in the San Fernando Valley. It is the home of California State University, Northridge, as well as eleven public and eight private schools.
Originally named Zelzah, the community was renamed North Los Angeles in 1929 to emphasize its closeness to the booming city. This created confusion with Los Angeles and North Hollywood. At the suggestion of a civic leader, the community was renamed Northridge in 1938.Northridge can trace its history back to the Gabrielino (or Tongva) people and to Spanish explorers. Its territory was later sold by the Mexican governor to Eulogio de Celis, whose heirs divided it for sale.
The area has been the home of notable people, and it has notable attractions and points of interest. Residents have access to a municipal recreation center and a public swimming pool.
The area now called Northridge was first inhabited about 2,000 years ago by the Native American Gabrielino (or Tongva) people. Totonga was their tribal village and where Northridge eventually became located. The Gabrielino-Tongva people, who lived in dome-shaped houses, are sometimes referred to as the "people of the earth." They spoke a Takic Uto-Aztecan (Shoshonean) language.
In 1951, a local reporter reported that Northridge's population had reached 5,500 residents, an increase of 1,000 people from 1950. In addition, it was around this time that Reseda Boulevard had been paved at its full width and become the main business street of boulevard proportions. The need also arose for Northridge to accommodate the new population, so in 1954 the first middle school opened in the rapidly growing town. Northridge Junior High School, later known as Northridge Middle School, opened with 1,000 students who had been brought all the way from Fulton Middle School in Van Nuys.
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