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. Panorama City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Panorama City, California
About Panorama City
Panorama City is a neighborhood in the City of Los Angeles, California, within the San Fernando Valley. It has a high population density with a generally young age range. Ethnically, it is considered "moderately diverse." More than half the population was born abroad, a higher percentage than Los Angeles City. Known as the Valley's first planned community, today it is a mixture of single-family homes and low-rise apartment buildings. Some notable people have lived in the neighborhood or have been connected with it. The community is represented by a neighborhood council.
Panorama City has three high schools among its dozen educational establishments. It has two recreational centers and a senior center.
Panorama City is known as the San Fernando Valley's first planned community. In 1948, it was developed as such by residential developer Fritz B. Burns and industrialist Henry J. Kaiser. Burns, seeing the tremendous potential fortune that could be made as large numbers of World War II veterans came home and started families, teamed up with Kaiser in 1945 to form Kaiser Community Homes. The vast majority of the houses were bought with loans issued by the FHA or the Servicemen's Readjustment Act of 1944, better known as the G.I. Bill. Homes in the area were sold with racially discriminatory covenants. A "Conditions, Covenants, Restrictions" document filed with the county recorder declared that no Panorama City lot could be "used or occupied by any person whose blood is not entirely that of the white or Caucasian race." Such restrictive covenants, which sometimes also limited ownership to people "of the Christian faith", were common in many communities at the time, and although rendered legally unenforceable by the Civil Rights Act of 1968 they may still be found on some older property deeds. De facto integration was accelerated by the Community Reinvestment Act of 1977. The CRA-insured credit was provided to the entire community without regard to race or income, causing white flight as with many other areas of the San Fernando Valley. During the period of forced school busing, Panorama City was exempted due to its diversity.
In its history, Panorama City once included General Motors' largest assembly plant to date. Today, the General Motors Corporation assembly plant has been replaced with a large commercial center named The Plant, which includes stores and restaurants such as Regency Theatres, Ross, Babies "R" Us, The Home Depot, Hometown Buffet, In-N-Out Burger, Starbucks Coffee and others.
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