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. Ione Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Ione, California
About Ione
Ione (formerly, Bed Bug, Bedbug, Freeze Out, Hardscrabble, Ione City, Woosterville, Jone City, Jone Valley, and Rickeyville) is a city in Amador County, California, United States. The population was 7,918 at the 2010 census, up from 7,129 at the 2000 census. Once known as "Bed-Bug" and "Freeze Out," Ione was an important supply center on the main road to the Mother Lode and Southern Mines during the California Gold Rush.
Ione is the historical home of Sierra Miwok people, an indigenous people of California. The town is located in the fertile Ione Valley, which is believed to be named by Thomas Brown around 1849 after one of the heroines in Edward Bulwer-Lytton's drama The Last Days of Pompeii. During the days of the Gold Rush, the miners knew the town by the names of "Bedbug" and "Freezeout." Unlike other communities in Amador County, which were founded on gold mining, Ione was a supply center, stage and rail stop, and agricultural hub.
The Town of Ione continued to grow and prosper after its gold rush founding. The first school was built in 1853. The historic Methodist Church was organized in 1853 and the structure was completed in 1862. The first flour mill was built in 1855. The first brick building was built by Daniel Stewart, D. Stewart Company Store, in 1855 for his general merchandise store and is still owned and operated by the same family. In March 1865, Camp Jackson was built nearby, garrisoned by Company D, 2nd California Volunteer Cavalry, who stayed for three months until moving on to a new post.
At the centennial of 1876, Ione had a population of about 600 which included about 100 Chinese who lived in Ione's Chinatown. The town included one public school, 4 churches, 4 general stores, one meat market, one laundry, one brewery, a restaurant, millinery shop, an art gallery, six saloons, a drug store and barber shop, and many other business establishments. The centennial also celebrated the completion of the railroad to the town of Ione. The centennial celebration was the beginning of what is now known as the Ione Homecoming. This annual celebration has been held during the month of May almost every year since that first Centennial celebration in 1876 and is now held on the first weekend in May every year.
The first post office opened in 1852. The City of Ione was incorporated as a General Law City in 1953.
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