Harralson is charged in Counts 1 and 2 with PC 243 (e) (1), a misdemeanor. PC 273.5. corporal injury on a spouse, cohabitant or fellow parent is a felony.
DDA Kelly Neel filed the arraignment complaint.
From the Shouse Law firm site:
Under California's domestic battery law, Penal Code 243(e)(1) PC, the legal definition of domestic battery is any willful and unlawful touching that is harmful or offensive—and is committed against
- the defendant's spouse or former spouse,
- the defendant's cohabitant or former cohabitant,
- the defendant's fiancé(e) or former fiancé(e),
- a person with whom the defendant has or used to have a dating relationship, or
- the father or mother of the defendant's child.2
A defendant can be convicted of domestic battery (sometimes known as “spousal battery”) even if the “victim” is not injured in any way. All that's required is that the defendant use “force” or “violence” against him/her.
This distinguishes domestic battery from the related domestic violence offense of corporal injury on a spouse, cohabitant, or fellow parent—which requires that the victim suffer some form of physical injury.
Jun 5, 2015
Rio Dell police officer arrested for battery on cohabitant
On 06-05-15, Humboldt County District Attorney Investigators arrested Kevin Harralson for two counts of PC243(e)(1) – Battery upon a cohabitant, and one count of PC417(a)(2) – Exhibiting a firearm. Harralson, a police officer for the City of Rio Dell, was taken into custody without incident and with the cooperation of the Rio Dell Police Department . He was booked at the Humboldt County Correctional Facility where bail was set at $100,000.00. The arrest was the result of an ongoing investigation by the Humboldt County District Attorney’s Office regarding incidents in August 2014 and March 2015. Inquiries should be directed to District Attorney Maggie Fleming at 707-445-7411.
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