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. Oakland Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Oakland, California
About Oakland
Oakland, located in the U.S. state of California, is a major West Coast port city and the busiest port for San Francisco Bay and all of Northern California. It is the third largest city in the San Francisco Bay Area, the eighth-largest city in the state, and the 47th-largest city in the U.S. with a population at the 2010 census of 390,724. Incorporated in 1852, Oakland is the county seat of Alameda County. It serves as a major transportation hub and trade center for the entire region and is also the principal city of the Bay Area Region known as the East Bay. The city is situated directly across the bay, six miles east of San Francisco.
Oakland's territory covers what was once a mosaic of coastal terrace prairie, oak woodland, and north coastal scrub. Its land served as a rich resource when its hillside oak and redwood timber were logged to build San Francisco, and Oakland's fertile flatland soils helped it become a prolific agricultural region. In the late 1860s, Oakland was selected as the western terminal of the Transcontinental Railroad. It continued to grow into the 20th century with its busy port, shipyards, and a thriving automobile industry. Following the 1906 San Francisco earthquake, many San Franciscans relocated to Oakland, enlarging the city's population, increasing its housing stock and improving its infrastructure.
A steady influx of immigrants during the 20th century, along with thousands of African-American war-industry workers who relocated from the Deep South during the 1940s, have made Oakland one of the most ethnically diverse major cities in the country. Oakland is known for its history of political activism, as well as its professional sports franchises and major corporations, which include health care, dot-com companies and manufacturers of household products. The city is a transportation hub for the greater Bay Area, and its shipping port is the fifth busiest in the United States.
Oakland has a Mediterranean climate with an average of 260 sunny days per year. Lake Merritt, a large estuary centrally located east of Downtown, was designated the United States' first official wildlife refuge. Jack London Square, named for the author and former resident, is a tourist destination on the Oakland waterfront. Little progress has been made in reducing the city's high crime rate; violent crime is primarily concentrated in certain neighborhoods, although property crime remains problematic throughout the city. Oakland is continually listed among the top cities in the United States for sustainability practices, including a No. 1 ranking for usage of electricity from renewable resources. Significant portions of Oakland suffer from severe lead contamination.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
