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. Pleasanton Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Pleasanton, California
About Pleasanton
Pleasanton is a city in Alameda County, California, incorporated in 1894. It is a suburb in the San Francisco Bay Area located about 25 miles (40 km) east of Oakland, and 6 miles (9.7 km) west of Livermore. The population was 70,285 at the 2010 census. In 2005 and 2007, Pleasanton was ranked the wealthiest middle-sized city in the United States by the Census Bureau. Pleasanton is home to the headquarters of Safeway Inc., Blackhawk Network, and Ross Stores. Although Oakland is the Alameda County seat, a few county offices and a courthouse are located in Pleasanton. Additionally, the main county jail is in the neighboring city of Dublin. The Alameda County Fairgrounds are located in Pleasanton and are held during the last week of June and the first week of July. Pleasanton Ridge Regional Park is located on the west side of town.
Before the establishment of Pleasanton, in the 1850s, an earlier settlement, called Alisal was there. It was located on the lands of the Rancho Santa Rita near the site of an Indian ranchera, around the Francisco Solano Alviso Adobe, called El Alisal (The Sycamores), one of the earliest houses built in the valley in 1844. It is still standing and serves as the centerpiece of the Alviso Adobe Community Park. Alisal, nicknamed "The Most Desperate Town in the West", was one of the settlements located along La Vereda del Monte that was a haunt and refuge of bandits and desperados in the era following the beginning of the California Gold Rush. Main Street shootouts were not uncommon. Banditos such as Claudio Feliz and Joaquin Murrieta would ambush prospectors on their way back from the gold rush fields and then seek refuge in Alisal. In the 1860s Procopio, Narciso Bojorques and others took refuge there.
Pleasanton is located on the Rancho Valle de San José Mexican land grant and was founded by John W. Kottinger, an Alameda County justice of the peace, and named after his friend, Union army cavalry Major General Alfred Pleasonton. A typographical error by a U.S. Postal Service employee apparently led to the current spelling.
Because of the preservation of Pleasanton's historic downtown area, many examples of architectural styles dating back to the mid-19th century exist. Buildings in Gothic Revival, Pioneer, Italianate, Commercial Italianate, Colonial Revival, and Queen Anne styles can be found within walking distance of each other.
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