Domestic Battery Defense at The Law Offices of Arash Hashemi

Domestic battery is a serious offense under California Penal Code § 243(e)(1) PC. This statute makes it illegal to inflict force or violence on an intimate partner, including a spouse, former spouse, cohabitant, dating partner, or the parent of your child. Unlike other domestic violence charges, domestic battery does not require the victim to have visible injuries; the mere act of unlawful physical contact is sufficient for a charge.

If you are facing charges under this statute, it is crucial to start building a defense immediately to avoid the harsh consequences of a conviction. At The Law Offices of Arash Hashemi, we have been defending Los Angeles residents against various criminal charges since 2003. With over 20 years of experience, Attorney Arash Hashemi provides expert legal representation for individuals accused of domestic battery. Our firm meticulously analyzes each case, scrutinizes the evidence, and develops a strategic defense tailored to challenge the prosecution’s claims effectively.

Early intervention by our attorney can be critical to the outcome of your case. Addressing legal challenges promptly allows for the preservation of vital evidence, the mitigation of potential damages, and engagement in negotiations that may prevent the escalation of charges.

If you or someone you know is facing charges of domestic battery in Los Angeles, it is essential to seek experienced legal counsel immediately. Contact our office at (310) 448-1529 or fill out our online contact form to schedule a consultation. Attorney Arash Hashemi is dedicated to standing by you, providing unwavering support and strategic defense to secure the best possible outcome in your case.

Key Elements of Domestic Battery

Domestic battery under California Penal Code § 243(e)(1) PC is a misdemeanor offense involving the intentional and unlawful use of force or violence against an intimate partner. This charge does not require the victim to sustain visible injuries, making it a broad and often complex area of the law. Here’s what you need to know:

To secure a conviction under Penal Code § 243(e)(1), the prosecution must prove the following elements beyond a reasonable doubt:

1. Intimate Partner Relationship: The alleged victim must be someone with whom the defendant has an intimate relationship, as defined by the statute. This includes:
   • Spouse or former spouse
   • Current or former cohabitant
   • Fiancé(e) or former fiancé(e)
   • Dating partner (current or past)
   • Parent of the defendant’s child
2. Unlawful Physical Contact: The act must involve willful and unlawful use of force or violence. This can range from a simple push to a more forceful action. The key factor is that the contact was intentional and not accidental.
3. Lack of Visible Injury: Unlike other domestic violence charges, domestic battery does not require visible injuries. The mere act of unlawful physical contact, regardless of the injury, is sufficient for a charge.

Penalties for Domestic Battery Conviction

Misdemeanor Conviction Penalties

• Imprisonment: Up to one year in county jail.
• Fines: Up to $2,000.
• Probation: If granted probation, it typically includes conditions such as:
  • Regular check-ins with a probation officer
  • Participation in a batterer’s treatment program for at least one year
  • Compliance with protective orders
• Mandatory Counseling: Attendance in a court-approved domestic violence treatment program is often required as a condition of probation.

Aggravating Factors

• Prior Convictions: A prior conviction for domestic battery or related offenses can result in harsher penalties, including mandatory minimum jail sentences.
• Severity of the Incident: Cases involving more severe or repeated instances of domestic battery may result in more significant penalties and mandatory minimum jail sentences.
• Injury to Victim: Although visible injury is not required for a charge, if the victim does sustain injuries, the penalties may be more severe.

Defense Strategies for Domestic Battery Allegations

Self-Defense:

• Imminent Threat: You reasonably believed that you or someone else was in imminent danger of suffering physical harm.
• Necessary Force: You used only the amount of force necessary to prevent the harm.
• Proportional Response: The level of force used was proportional to the threat faced.

Defense of Others:

• Immediate Danger: The person you were defending was in immediate danger of physical harm.
• Reasonable Action: Your actions were necessary and reasonable to protect the other person.

False Accusations:

• Identify Motive: Highlight any potential reasons the accuser might have for making false claims.
• Expose Inconsistencies: Point out discrepancies in the accuser’s statements and testimony.
• Present Contradictory Evidence: Provide evidence, such as witness testimonies, communications, or alibis, that contradicts the accuser’s claims.

Lack of Evidence:

• Questioning Witness Credibility: Cross-examining witnesses to reveal biases, inconsistencies, or lack of reliability.
• Highlighting Gaps: Pointing out any gaps or weaknesses in the prosecution’s evidence.
• Providing Alibi: Demonstrating that the defendant was not present at the time and place of the alleged incident.

Consent:

• Mutual Agreement: Both parties agreed to the physical interaction.
• No Unlawful Conduct: The contact did not involve unlawful force or violence.

Accidental Contact:

• Lack of Intent: The contact was unintentional and occurred by mistake.
• No Willful Act: There was no willful use of force or violence.

Why Choose The Law Offices of Arash Hashemi?

When facing charges of domestic battery, having a dedicated and experienced defense attorney is crucial. At The Law Offices of Arash Hashemi, we provide the expertise and support necessary to navigate these serious charges effectively. Attorney Arash Hashemi has been an active member of The State Bar of California since December 2002. With over two decades of experience, he has successfully handled a wide variety of criminal cases, including those involving serious domestic battery charges. His comprehensive understanding of California’s domestic violence laws and criminal justice system ensures that clients receive the highest level of legal representation.

Our firm takes a personalized approach to every case, meticulously analyzing the details to develop a strategic defense tailored to the specific circumstances. We scrutinize the evidence, challenge the prosecution’s claims, and work tirelessly to protect your rights and achieve the best possible outcome for your case.

Comprehensive Legal Services

We offer a full range of legal services to ensure that every aspect of your case is addressed:

• Consultation and Case Evaluation: We provide an initial consultation to discuss your case, evaluate the charges against you, and outline potential defense strategies.
• Evidence Review and Investigation: Our team conducts a thorough review of all evidence and, if necessary, performs independent investigations to uncover critical information that can strengthen your defense.
• Negotiation and Litigation: Whether through negotiation or courtroom litigation, we are prepared to fight for your rights and work towards a favorable resolution of your case.

Contact a Los Angeles Domestic Battery Defense Attorney & Schedule Your Consultation Today

If you are facing charges of domestic battery, don’t wait to seek legal assistance. With over 20 years of experience in criminal defense, our firm is dedicated to providing professional, effective legal representation. We understand the serious implications of these charges and are committed to protecting your rights and future.

Schedule a Consultation:

• Phone: (310) 448-1529
• Email: Contact@hashemilaw.com
• Address: 11845 W Olympic Blvd #520, Los Angeles, CA 90064
• Office Hours: Monday to Friday, 8:30 AM – 5:00 PM, with flexible scheduling options available, including weekend appointments.

Contact us today to discuss your case and explore your legal options. Our dedicated team is here to provide the support and strategic defense you need to achieve the best possible outcome. Attorney Arash Hashemi is committed to standing by you every step of the way, ensuring that your rights are protected and your case is handled with the utmost care and professionalism.