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. Hemet Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Hemet, California
About Hemet
Hemet is a city in the San Jacinto Valley in Riverside County, California, United States. It covers a total area of 27.847 square miles (72 km2), about half of the valley, which it shares with the neighboring city of San Jacinto. The population was 78,657 at the 2010 census.
Founding of Hemet predates the formation of Riverside County. The formation of Lake Hemet helped the city grow and prosper, and stimulated agriculture in the area. The city is known for being the home of The Ramona Pageant, California's official outdoor play. Started in 1923, the play is one of the longest running outdoor plays in the United States. Hemet has been named a Tree City USA for 20 years by the Arbor Day Foundation for its dedication to the local forest. The city is home to the Hemet Valley Medical Center, a 320-bed general hospital.
The Cahuilla tribe were the initial inhabitants of the Hemet area. During the early 19th century, the land was used for cattle ranching by Mission San Luis Rey, which named the area Rancho San Jacinto. In 1842 José Antonio Estudillo received the Rancho San Jacinto Viejo Mexican land grant. In 1887, during the first major Southern California land boom, W.F. Whittier and E.L. Mayberry founded the Lake Hemet Water Company, the Hemet Land Company, and the city of Hemet. In 1895, the Hemet Dam was completed on the San Jacinto River, creating Lake Hemet and providing a reliable water supply to the San Jacinto Valley. This water system was a major contribution to the valley's development as an agricultural area. The area's original inhabitants, the Soboba Cahuilla were moved to the Indian reservation near San Jacinto.
The City of Hemet was incorporated in January 1910. Out of 177 residents, 130 voted to incorporate, with 33 votes against. Those who voted against incorporation were landowners who feared increased taxation. The incorporation helped to serve the growing city, which was outgrowing its current infrastructure. Served by a railroad spur from Riverside, the city became a trading center for the San Jacinto Valley's agriculture, which included citrus, apricots, peaches, olives and walnuts. The city has long hosted the Agricultural District Farmer's Fair of Riverside County, which began in 1936 as the Hemet Turkey Show, now located in Perris. During World War II, the city hosted the Ryan School of Aeronautics, which trained about 6,000 fliers for the Army Air Force between 1940 and 1944. Hemet-Ryan Airport exists today at the site of the flight school. In 1950, Hemet was home to 10,000 people, and joined Corona as the third largest city in the Riverside area.
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