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. Albany Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Albany, California
About Albany
Albany (formerly Ocean View) is a city in Alameda County, California, United States. The population was 18,539 at the 2010 census.
In 1908, a group of local women protested the dumping of Berkeley garbage in their community. Armed with two shotguns and a twenty-two-caliber rifle, they confronted the drivers of the wagons near what is now the corner of San Pablo Avenue and Buchanan Street. The women told the drivers of the horse-drawn garbage wagons to go home, which they did quickly and without complaint. Shortly thereafter, the residents of the town voted to incorporate as the City of Ocean View. In 1909, voters changed the name of the city, primarily to distinguish the city from the adjacent section of Berkeley which had previously been named Ocean View. On a vote of 38 to 6 the city was renamed in honor of Albany, New York, the birthplace of the city's first mayor, Frank Roberts.
Albany is located on the eastern shore of San Francisco Bay, bordering the city of Berkeley to the south and east, and the Contra Costa County cities of El Cerrito and Richmond to the north. Albany's northern and southern borders are defined by two creeks, Codornices Creek on the south and Cerrito Creek on the north. Cerrito Creek takes its name from "El Cerrito de San Antonio", now known as Albany Hill. The hill's unusual location near the bay shore makes it a prominent landmark in the East Bay. The rest of the city is relatively flat by Bay Area standards, except for a small area near the base of the Berkeley Hills.
Albany's waterfront has undergone significant man-made changes; the most prominent landform is now the Albany Bulb, a former garbage landfill jutting out into San Francisco Bay. The bulb was the site of a small art colony and shanty town until it was cleared to turn the area into part of the new Eastshore State Park.
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