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. Ventura Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Ventura, California
About Ventura
Ventura is the county seat of Ventura County, California, United States, incorporated in 1866. The population was 106,433 at the 2010 census, up from 100,916 at the 2000 census. Ventura is accessible via U.S. Route 101, State Route 33, and State Route 126.
The original inhabitants of the area were Chumash Indians, who called it Shisholop ("In the mud") in the Chumash language.
Archaeological research demonstrates that the Chumash have deep roots in central and southern coastal regions of California, and has revealed artifacts from their culture dating back two thousand to over ten thousand years. The Ventura band (Mitskanaka), which was in residence at the time of the arrival of the Spanish, had contact with the Limu band on Santa Cruz Island, who traveled in seagoing canoes called tomol bringing shell bead money and chert in trade.
Father Junípero Serra arrived in the late 18th century, and founded Mission San Buenaventura in 1782, forming the basis of what would become the city. The mission was named for St. Bonaventure, a Thirteenth Century Franciscan saint and a Doctor of the Church. The first mission burned in 1801 and a replacement building of brick and stone was completed in 1809. The bell tower and facade of the new mission was destroyed by an 1812 earthquake. On July 6, 1841, Governor Juan Bautista Alvarado granted Rancho San Miguel to Felipe Lorenzana and Raymundo Olivas, whose Olivas Adobe on the banks of the Santa Clara River was the most magnificent hacienda south of Monterey.
After the American Civil War, settlers came to the area, buying land from the Mexicans, or simply as squatters. Vast holdings were later acquired by Easterners, including the railroad magnate, Thomas Scott. He was impressed by one of the young employees, Thomas R. Bard, who had been in charge of train supplies to Union troops, and Bard was sent west to handle Scott's property.
Not easily accessible, Ventura was not a target of immigrants, and as such, remained quiet and rural. For most of the century which followed the incorporation of Ventura in 1866, it remained isolated from the rest of the state.
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