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. South Pasadena Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in South Pasadena, California
About South Pasadena
South Pasadena is a city in Los Angeles County, California, United States. As of the 2010 census, it had a population of 25,619, up from 24,292 at the 2000 census. It is located in the West San Gabriel Valley. It is 3.42 square miles in area and lies between the much larger City of Pasadena, of which it was once a part, and the metropolis of Los Angeles. South Pasadena is the oldest self-builder of floats in the historic Tournament of Roses Parade.
South Pasadena is located at the western end of the San Gabriel Valley, north of the San Rafael Hills, east of the Arroyo Seco seasonal river, and south of the separate city of Pasadena, California. Adjacent cities are Los Angeles to the west and south, Pasadena to the north, San Marino to the east, and Alhambra to the southeast. According to the United States Census Bureau, the city's total area of 3.42 square miles (8.9 km2), is virtually all land. South Pasadena is located at34°6′47″N 118°9′21″W (34.112958, -118.155778).
The original inhabitants of South Pasadena and surrounding areas were members of the Native American Hahamog-na tribe, a branch of the Tongva Nation (part of the Shoshone language group) that occupied the Los Angeles Basin. The Tongva name for the area that covers modern day South Pasadena and much of Alhambra was Vaytsuung'xuilhoor. Tongva dwellings lined the Arroyo Seco (Los Angeles County) in South Pasadena and south to where it joins the Los Angeles River and along other natural waterways in the city. They lived in thatched, dome-shape lodges characteristic for their use of carved wood decorations in the Nava style. For food, they lived on a diet of corn meal, seeds and herbs, venison, berries, fruits and other small animals. They traded for ocean fish with the coastal Tongva on a daily basis. They made cooking vessels from steatite soapstone from Catalina Island. South Pasadena also has a strong claim to having the oldest and most historic sites in the San Gabriel Valley. For many centuries, its adjacency to a natural fording place along the Arroyo Seco had served as a gateway to travel and commerce for aboriginal peoples here and along the coast. It was here that Hahamognas greeted Portola and the missionaries who later established the San Gabriel Mission a few miles to the west.
South Pasadena's streets are lined with numerous species of native California trees. These include redwood, sequoia, ash, walnut, and sycamore. Some non-native trees, such as sweetgum, are also seen. Because there are very few stucco-clad Spanish Colonial houses and virtually no palm trees in some parts of the city, South Pasadena is a popular stand-in for Midwestern and Northeastern towns in motion picture and television productions. South Pasadena sits less than 10 miles (16 km) from Downtown Los Angeles; substantial numbers of residents work either in Bunker Hill or as professors and staff at the University of Southern California.
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