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. Woodland Hills Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Woodland Hills, California
About Woodland Hills
Woodland Hills is a neighborhood bordering the Santa Monica Mountains in the San Fernando Valley region of the city of Los Angeles, California.
Woodland Hills is a neighborhood in the southwestern region of the San Fernando Valley which is located east of Calabasas and west of Tarzana. On the north it is bordered by West Hills, Canoga Park, and Winnetka, and on the south by the Santa Monica mountains.
The area was inhabited for approximately 8,000 years by Native Americans of the Fernandeño-Tataviam and Chumash-Venturaño tribes that lived in the Santa Monica Mountains and Simi Hills and close to the Arroyo Calabasas (Calabasas Creek) tributary of the Los Angeles River in present-day Woodland Hills. The first Europeans to enter the San Fernando Valley were the Portola Expedition in 1769, exploring 'Alta California' for Spanish missions and settlements locations. Seeing it from present-day Sepulveda Pass, the oak savanna inspired them to call the area Santa Catalina de Bononia de Los Encinos (Valley of the Oaks). The Mission San Fernando Rey de España (Mission San Fernando) was established in 1797 and controlled the Valley's land, including future Woodland Hills.
Ownership of the southern half of the Valley, south of present-day Roscoe Boulevard from Toluca Lake to Woodland Hills, by Americans began in the 1860s. First Isaac Lankershim (as the "San Fernando Farm Homestead Association") in 1869, then Isaac Lankershim's son, James Boon Lankershim, and Isaac Newton Van Nuys (as the "Los Angeles Farm & Milling Company") in 1873, and finally in the "biggest land transaction ever recorded in Los Angeles County" a syndicate led by Harry Chandler of the Los Angeles Times with Hobart Johnstone Whitley, Gen. Moses Sherman and others (as the Los Angeles Suburban Homes Company) in 1910.
Victor Girard Kleinberger bought 2,886 acres (1,168 ha) in the area from Chandler's group and founded the town of Girard in 1922. He sought to attract residents and businesses by developing an infrastructure,advertising in newspapers, and planting 120,000 trees.His 300 pepper trees formed a canopy over Canoga Ave. between Ventura Boulevard and Saltillo St. became Los Angeles Historic-Cultural Monument #93 in 1972. The community of Girard was eventually incorporated into Los Angeles, and in 1945 it became known as Woodland Hills.
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