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. Thousand Oaks Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Thousand Oaks, California
About Thousand Oaks
Thousand Oaks is a city in southeastern Ventura County, California, part of the Greater Los Angeles Area in the United States. The city is located approximately 14 miles from Los Angeles County, and 35 miles to Downtown Los Angeles. It was named after the many oak trees that graced the area, and the city seal is adorned with an oak.
The city forms the most populated part of a regional area called the Conejo Valley, which includes Thousand Oaks proper, Newbury Park, Westlake Village, Agoura Hills, and Oak Park. The Los Angeles County/Ventura County line crosses at the western city limits of Westlake Village. The population was estimated to be 128,374 in 2012, up from 126,683 at the 2010 census.
Thousand Oaks and Newbury Park were part of a master planned city, created by the Janss Investment Company in the mid-1950s. It included about 1,000 custom home lots, 2,000 single-family residences, a regional shopping center, 200-acre (0.81 km2) industrial park and several neighborhood shopping centers. The median home price is around $673,000. It is located in the northwestern part of the Greater Los Angeles Area. In 2006, the city was named one of Money magazine's Best Places to Live.
The area was once occupied by the Chumash people, and 2000-year-old cave drawings may still be seen at the Chumash Indian Museum, 3290 Lang Ranch Parkway, in the Lang Ranch section of the city. The Chumash village was known as Sap'wi, which means "House of the Deer."
The area's recorded history dates to 1542 when Spanish explorer Juan Rodriguez Cabrillo landed at Point Mugu and claimed the land for Spain. It eventually became part of the 48,671 acres (196.96 km2) Rancho El Conejo land grant by the Spanish government, thus becoming the basis of the name Conejo Valley (conejo means "rabbit" in Spanish, and there are many in the area). It served as grazing land for vaqueros for the next fifty years.
The City of Thousand Oaks was incorporated on October 7, 1964, the first incorporated city in the Conejo Valley. It is known for being entirely a planned community, as the city is one of few that have actually stayed with the master plan. As a result, the city has fewer of the problems of other cities of similar size, such as traffic congestion and pollution, although increased development in Moorpark and Simi Valley in the late 1990s and early 2000s caused the Moorpark Freeway (Highway 23) to become heavily congested during both morning and afternoon rush hours. A major widening project began in 2008 to alleviate most of this congestion. Because of its desirable environment and location, property values have appreciated more than 250% in less than ten years, primarily during the mid-90s to early 2000s.
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