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. Berkeley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Berkeley, California
About Berkeley
Berkeley is a city on the east shore of the San Francisco Bay in Northern California—in northern Alameda County. It is bordered on the south by the cities of Oakland and Emeryville, and on the north by the city of Albany and the unincorporated community of Kensington. The eastern city limit coincides with the Contra Costa County (border), which generally follows the ridge line of the Berkeley Hills. The population was 112,580 at the 2010 census. The city is named after Bishop George Berkeley.
Berkeley is the site of the University of California, Berkeley, the oldest of the University of California system, and the Lawrence Berkeley National Laboratory. It is also home to the Graduate Theological Union. The city is noted as one of the most politically liberal in the nation.
The site of today's City of Berkeley was the territory of the Chochenyo/Huchiun band of the Ohlone people when the first Europeans arrived.[7] Evidence of their existence in the area include pits in rock formations, which they used to grind acorns, and a shellmound, now mostly leveled and covered up, along the shoreline of San Francisco Bay at the mouth of Strawberry Creek. Other artifacts were discovered in the 1950s in the downtown area during remodeling of a commercial building, near the upper course of the creek.
The first people of European descent (most of whom were born in America, and many of whom were of mixed ancestry) arrived with the De Anza Expedition in 1776.[8] Today, this is noted by signage on Interstate 80, which runs along the San Francisco Bay shoreline of Berkeley. The De Anza Expedition led to establishment of the Spanish Presidio of San Francisco at the entrance to San Francisco Bay (the Golden Gate), which is due west of Berkeley. Luis Peralta was among the soldiers at the Presidio. For his services to the King of Spain, he was granted a vast stretch of land on the east shore of San Francisco Bay (the contra costa, "opposite shore") for a ranch, including that portion that now comprises the City of Berkeley.
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