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. Dublin Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Dublin, California
About Dublin
Dublin (formerly, Amador and Dougherty's Station) is a suburban city of the East (San Francisco) Bay region of Alameda County, California, United States. Located along the north side of Interstate 580 at the intersection with Interstate 680, roughly 10 miles (16 km) east of Hayward, 6 miles (9.7 km) west of Livermore, directly north of Pleasanton, and 25 miles (40 km) north of San Jose, it was named after the city of Dublin in Ireland. The nearest major city is Oakland, approximately 25 miles (40 km) to the west-northwest on Interstate 580. Dublin is the second-fastest growing city in the state of California, behind only Santa Clarita. The population was about 46,063 according to the 2010 United States Census. This grew to 49,890 in 2013. By 2030, it is estimated to grow to 75,900. Dublin is home to the headquarters of Sybase, Inc, now part of SAP AG, Tria Beauty, Medley Health and Arlen Ness. As well, Dublin is the site of the principal Alameda County jail and the Federal Correctional Institution, Dublin, one of only three federal prisons for women in the United States.
The City of Dublin is a general law city operating under a City Council / City Manager form of local government. This form of government combines an elected mayor and council and an appointed local government administrator. The City Council elections are nonpartisan. The Mayor serves a two-year term, and Council members serve four-year terms.
In 1835 José María Amador was granted 16,500 acres for his service as a Mexican soldier and in Mission San Jose were he was administrator in the valley which was named Amador Valley after him. in 1850 Irish settlers bought Land from Amador and founded a town.
In 1960, the first housing tracts were built in West Dublin, transforming the formerly rural community into a suburb. It grew steadily from the early 1960s onward as both a residential and retail center. The City became incorporated in February 1982.
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