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. La Mirada Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in La Mirada, California
About La Mirada
La Mirada is a city in southeast Los Angeles County, California, United States, and is one of the Gateway Cities. The population was 48,527 at the 2010 census, up from 46,783 at the 2000 census. The city of La Mirada was listed on CNN Money Magazine's "Best Place to Live" list. La Mirada placed 34th on the list, with the La Mirada Theatre for the Performing Arts and the Splash! La Mirada Regional Aquatics Center as two of its main attributes. It is the home of Biola University, an evangelical Christian institution of higher education. It is also the home of the La Mirada Theatre for the Performing Arts. The Elephant Barrestaurant chains offices are located there.
La Mirada (Spanish for The Look) was the creation of two men, Andrew McNally, a printer and mapmaker from Chicago and his son-in-law Edwin Neff. In 1888, McNally purchased over 2,200 acres (8.9 km2) of Rancho Los Coyotes, south of Whittier, for $200,000. He developed 700 acres (2.8 km2) into his own home called Windermere Ranch and surrounded it with olive, orange and lemon groves. McNally built a plant to process the olive oil, which was of the best quality, as well as a railroad station on Stage Road. From here his olive oil and fruit were shipped all over the U.S.
In 1896, McNally turned his property over to his daughter and his son in law. McNally and Neff formed the La Mirada Land Company, which published a booklet entitled "The Country Gentleman in California", advertising parcels of land for sale including pictures, a map and descriptions of the scenic olive, alfalfa, lemon and grapefruit groves.
In 1946, "Along Your Way", a "Station by Station Description of the Santa Fe Route Through the Southwest," describes La Mirada with a population of 213, surrounded by orange, lemon, walnut and olive groves; oil wells; olive oil factory; and fruit packing houses.
The city received a lot of attention for the fact that it was going to be completely structured and planned out. Referred to as "the Nation's completely planned city" during the early 1950s, the city of La Mirada received a lot of attention from the State Fair. The Fair praised the city for planning for the future while still maintaining practicality for today.
In 1953, the land was sold to subdivisions for 5.2 million dollars, one of the largest real estate transactions in California. By 1960, the year the city was incorporated, La Mirada had grown from a mere 100 homes to over 8,000. The city was incorporated as "Mirada Hills" on March 23, 1960. On November 8, 1960, voters approved a change of name to the current La Mirada, which was officially certified on December 15, 1960.
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