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. Moorpark Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Moorpark, California
About Moorpark
Moorpark is a city in Ventura County in Southern California. Moorpark was founded in 1887 by Robert Poindexter, presumably named after the moorpark apricots that grew in the area. The city has experienced a great amount of growth since the late 1970s. The population was 34,421 at the 2010 census, up from 31,415 at the 2000 census.
The origin of the name "Moorpark" is not known, but several sources have been suggested. However, most sources agree that its origin was Admiral Lord Anson's estate Moor Park in Hertfordshire where he introduced the apricot in 1688. It is mainly believed that the city of Moorpark is named after the Moorpark Apricot, which used to grow in the area. This was confirmed by Robert Poindexter, the founder of Moorpark, in 1927. One other theory of the name is that when the Southern Pacific Railroad was surveying the local land in the 19th century for its railway, someone in the party said that the area, with its sloping hills, looked like the Scottish Moors. Hence the name Moorpark.
The valley where Moorpark is located was originally inhabited by the Chumash. The area was part of the large Rancho Simi land grant given in 1795 to the Pico brothers (Javier, Patricio, and Miguel) by Governor Diego de Borica of Alta California.
Robert W. Poindexter, the secretary of the Simi Land Company, received the land that made up the original townsite of Moorpark when the association was disbanded in 1887. Moorpark was founded in 1900 when the application for a post office was submitted. The application lists that there was already a railroad depot in the town. The town grew after the 1904 completion of a 7,369-foot (2,246 m) tunnel through the Santa Susana Mountains, which allowed the Southern Pacific Railroad to establish a depot there, a depot which lasted until 1965.
Moorpark was one of the first cities to run off nuclear power in the entire world, and the first in the United States. For one hour on November 12, 1957 this fact was featured on Edwin R. Murrow's "See It Now" television show. The reactor, called the Sodium Reactor Experiment was built by the Atomics International division of North American Aviation at the nearby Santa Susana Field Laboratory. The Sodium Reactor Experiment operated from 1957 to 1964 and produced 7.5 megawatts of electrical power at a Southern California Edison-supplied generating station.
Twenty years later, Moorpark was incorporated as a city on July 1, 1983.
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