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. Pacoima Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Pacoima, California
About Pacoima
Pacoima is one of the oldest neighborhoods in the northern San Fernando Valley region of Los Angeles.
Pacoima's written history dates to 1769 when the first party of white men crossed the valley on their way to Monterey Bay. After the founding of Mission San Fernando Rey in 1771, the Indians became converts, lived at the mission and helped to farm the large gardens of the mission which, in a few years, had stretched out over most of the valley.
In 1873, Senator Charles Maclay of Santa Clara purchased 56,000 acres in the northern part of the San Fernando Valley adjacent to the San Fernando Mission and in 1887, Jouett Allen purchased 1,000 acres of land between the Pacoima Wash and the Tujunga Wash. The land he purchased was from the Maclay Rancho Water Company, which had taken over Senator Charles Maclay’s holdings in the Valley. Allen retained 500 acres for himself and subdivided the remainder in one acre tracts. It was from this that the town of Pacoima was born.
In 1916, the presently named Pacoima Chamber of Commerce was established as the Pacoima Chamber of Farmers. For many years, the fertile soil produced abundant crops of olives, peaches, apricots, oranges and lemons. The opening of the Los Angeles Aqueduct brought a new supply of water to the area. With the new water supply, the number of orchards, farms and poultry ranches greatly increased and thoroughbred horses began to be raised.
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