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. Studio City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Studio City, California
About Studio City
Studio City is a neighborhood in the city of Los Angeles, California, in the San Fernando Valley. It is named after the studio lot that was established in the area by film producer Mack Sennett in 1927, now known as CBS Studio Center.
Originally known as Laurelwood, the area Studio City occupies was formerly part of Rancho Ex-Mission San Fernando. This land changed hands several times during the late 19th Century and was eventually owned by James Boon Lankershim (1850–1931), and eight other developers who organized the Lankershim Ranch Land and Water Company. In 1899, however, the area lost most water rights to Los Angeles and was no longer viable for farming.
Construction of the Los Angeles Aqueduct began in 1908 and water reached the San Fernando Valley in November, 1913. Real estate boomed, and a syndicate led by Harry Chandler, business manager of the Los Angeles Times, with Hobart Johnstone Whitley, Isaac Van Nuys, and James Boon Lankershim acquired the remaining 47,500 acres (192 km2) of the southern half of the former Mission lands—everything west of the Lankershim town limits and south of present day Roscoe Boulevard excepting the Rancho Encino. Whitley platted the area of present day Studio City from portions of the existing town of Lankershim as well as the eastern part of the new acquisition.
In 1955, Studio City's Station 78 became the first racially integrated station in the Los Angeles City Fire Department.
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