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. Livermore Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Livermore, California
About Livermore
Livermore (formerly Livermores, Livermore Ranch, and Nottingham) is a city in Alameda County. The estimated population as of 2011 was 82,039. Livermore is located on the eastern edge of California's San Francisco Bay Area.
Livermore was founded by William Mendenhall and named after Robert Livermore, his friend and a local rancher who settled in the area in the 1840s. Livermore is the home of the Lawrence Livermore National Laboratory, for which the chemical element livermoriumis named (and thus, placing the city's name in the periodic table). Its south side, home to local vineyards, has developed several executive subdivisions near Ruby Hill. The city has also redeveloped its downtown district. The city is considered part of the Tri-Valley area, including Amador, Livermore and San Ramon Valleys.
The Livermore Valley is located about 30 miles (48 km) east of and behind the first coastal range of mountains that surround the San Francisco Bay Area. The Livermore Valley has an east-west orientation with mountain passes on the west and east connecting the San Francisco Bay Area and the Central Valley. The passes are used by railroads and highways to connect the San Francisco Bay Area and the Central Valley. Livermore Valley is about 15 miles (24 km) long (east to west), 10 miles (16 km) wide (north to south), and surrounded by California coastal range mountains and foothills.
Livermore's culture retains some vestiges of the farming, wine growing and ranching traditions that have existed in the valley since the time of Robert Livermore, but now largely reflects a suburban population. Early in June since 1918 Livermore has hosted the Livermore Rodeo, called the "World's Fastest Rodeo," that claims it has more riders per hour than any other event of its type. There are several wine tasting tours of the many Livermore area wineries that occur periodically throughout the summer.
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