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. Piedmont Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Piedmont, California
About Piedmont
Piedmont is a small city in Alameda County, California, United States. It is surrounded by the city of Oakland. The population was 10,667 at the 2010 census. Piedmont was incorporated in 1907 and was developed significantly in the 1920s and 1930s.
Piedmont is a small, residential community surrounded on all sides by the City of Oakland. Piedmont is almost entirely zoned for single-family dwelling residential use. Piedmont has minimal commerce compared with statistically similar cities, and relies primarily on property taxes as a base. The city also has almost no multi-family or second (in-law) units. The city does have the small commercial district located on Highland Avenue and a small number of businesses are found on Grand Avenue near Piedmont's southwest border with Oakland.
Located in the East Bay hills, Piedmont is surrounded on all sides by the city of Oakland. Piedmont provides its own fire and police services but does not have its own public library or federal post office; these services are shared with Oakland. Property taxes on Piedmont real estate are not shared with Oakland.
Residents originally sought incorporation in 1907. Two elections were held among the citizens of Piedmont in 1907, both of which narrowly upheld the decision for Piedmont to become a separate city, rather than become a neighborhood within the city of Oakland.
By the Roaring Twenties, Piedmont was known as the "City of Millionaires" because it had the most resident millionaires per square mile of any city in the United States. Many of these millionaires built mansions that still stand, notably on Sea View Avenue and Sotelo Avenue/Glen Alpine Road in upper Piedmont. Piedmont became a charter city under the laws of the state of California on December 18, 1922. On February 27, 1923, voters adopted the charter, which can only be changed by another vote of the people.
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