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. Sherman Oaks Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sherman Oaks, California
About Sherman Oaks
Sherman Oaks is a neighborhood in the San Fernando Valley region of the city of Los Angeles, California. It has two city parks and a senior center. The neighborhood includes eight public and seven private schools. The main commercial pedestrian-friendly shopping district was established in 1999 and is known as "The Village at Sherman Oaks." This shopping district is the heart of the commercial area. The Village at Sherman Oaks is located along Ventura Boulevard between Van Nuys Boulevard and Cedros Avenue.
In 1991, a group of homeowners living in the Chandler Estates area, successfully petitioned former Los Angeles City Councilmember Zev Yaroslavsky to re-draw the boundaries of Sherman Oaks from Magnolia to Burbank Blvd to the north, and from Coldwater Canyon to Van Nuys Blvd to the west, with the goal of including their neighborhood. This request wasn't anything new to the San Fernando Valley; other neighborhoods had either sought to change their names, or sought to attach themselves onto more affluent neighborhoods to escape from what they saw as growing urban blight and the collapse of their social status. Residents in the area argued, however, that the area was originally part of Sherman Oaks, but was labeled Van Nuys instead though the creation of zip codes in 1962; some residents were able to produce a few property deeds to present their case.
The 1994 Northridge earthquake caused damages in the surrounding area. The Community Redevelopment Agency sought to manage the rebuilding efforts. The homeowners in the Sherman Oaks area later won a lawsuit to prevent the agency from managing efforts.
As of the 2010 census, according to the San Fernando Valley Almanac, Sherman Oaks had a population of 52,677 people and 25,255 households. The racial makeup of the neighborhood was 82% non-Hispanic white, 5% Asian American and 3% African American; 11% were Hispanic or Latino of any race. Other races made up less than 1%.
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