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 victims car window while the person was inside, snatching a necklace off the intimate partner or kicking the victims cat in the persons 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 batterers 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 ones 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 accusers 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. Domestic Violence Attorney Experienced & Aggressive Lawyer and Lawyers Fighting for You in California
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About California
California is a state located on the West Coast of the United States. It is the most populous U.S. state, home to 1 out of 8 Americans, and is the third largest state by area (after Alaska and Texas). It is home to the nation's second and fifth most populous census statistical areas (Greater Los Angeles area and San Francisco Bay Area, respectively), and eight of the nation's 50 most populated cities (Los Angeles, San Diego, San Jose, San Francisco, Fresno, Sacramento, Long Beach, and Oakland). The capital city is Sacramento.
California is bordered by Oregon to the north, Nevada to the east, Arizona to the southeast, and Baja California, a state of Mexico, to the south. California's diverse geography ranges from the Pacific Coast in the west, to the Sierra Nevada in the east – from the Redwood–Douglas-fir forests of the northwest, to the Mojave Desert areas in the southeast. The center of the state is dominated by the Central Valley, a major agricultural area. California contains both the highest and lowest points in the contiguous United States (Mount Whitney and Death Valley), and has the 3rd longest coastline of all states (after Alaska and Florida). Earthquakes are a common occurrence due to the state's location along the Pacific Ring of Fire: about 37,000 are recorded annually.
The name California once referred to a large area of North America claimed by Spain that included much of the modern-day Southwestern United States and the Baja California peninsula. Beginning in the late 18th century, the area known as Alta California, comprising the California territory north of the Baja Peninsula, was colonized by the Spanish Empire as part of New Spain. In 1821, Alta California became a part of Mexico following its successful war for independence. Shortly after the beginning of the Mexican-American War in 1846, a group of American settlers in Sonoma declared an independent California Republic in Alta California. Though its existence was short-lived, its flag became the precursor for California's current state flag. American victory in the war led to the Treaty of Guadalupe Hidalgo, in which Mexico ceded Alta California to the United States. Western areas of Alta California became the state of California, which was admitted as the 31st state on September 9, 1850.
The California Gold Rush beginning in 1848 led to dramatic social and demographic change, with large scale immigration from the U.S. and abroad and an accompanying economic boom. Key developments in the early 20th century included the emergence of Los Angeles as the center of the American entertainment industry, and the growth of a large, state-wide tourism sector. The late 20th century saw the development of the technology and information sectors, punctuated by the growth of Silicon Valley (part of the San Francisco Bay Area). California's prosperous agricultural industry also emerged; at least half of the fresh fruit produced in the United States are now cultivated in California, and the state also leads in the production of vegetables. Other important contributors to its economy include aerospace, education, and manufacturing. If California were a country, as of 2012 it would have been the 9th largest economy in the world and the 34th most populous nation.
Settled by successive waves of arrivals during the last 10,000 years, California was one of the most culturally and linguistically diverse areas in pre-Columbian North America. Various estimates of the native population range from 100,000 to 300,000, which was about one-third of all native Americans in what is now the United States. The Indigenous peoples of California included more than 70 distinct groups of Native Americans, ranging from large, settled populations living on the coast to groups in the interior. California groups also were diverse in their political organization with bands, tribes, villages, and on the resource-rich coasts, large chiefdoms, such as the Chumash, Pomo and Salinan. Trade, intermarriage and military alliances fostered many social and economic relationships among the diverse groups.
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