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. Jackson Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Jackson, California
About Jackson
Jackson (formerly, Botilleas, Botilleas Spring, Bottileas, Bottle Spring, and Botellas) is the county seat of Amador County, California. The population was 4,651 at the 2010 census, up from 3,989 at the 2000 census. The city is accessible by both State Route 49 and State Route 88.
The area was inhabited by the Northern Sierra Indians, who occupied areas along creeks, spring and seep areas, including permanent and seasonal drainages, flat ridges and terraces. Therefore, areas along watercourses are considered likely locations for prehistoric cultural resources. Permanent villages were usually placed on elevations above seasonal flood levels. Surrounding areas were used for hunting and seed, acorn, and grass gathering.
Jackson, named after Colonel Alden Jackson, was founded in 1848 around a year-round spring. Settlement of the region by American pioneers was stimulated by the discovery of gold in the Sierra foothills around 1848. The settlement was named for a local lawyer who was liked by miners named Alden Appola Moore Jackson. Although Amador County was an important mining center, its County seat of Jackson was not typical of the early gold camps. The camp grew quickly, as besides being a popular mining spot, it was also a convenient stopping place on the road from Sacramento to the Southern Mines. The camp became an important supply and transportation center for the neighboring towns, and by 1850 the population had reached an estimated 1,500. Jackson grew first as a watering hole for cattle, then as one of the earliest and most durable of the Mother Lode's hardrock mining areas.
In 1853, Jackson became the county seat of newly formed Amador County, California. Previously, from 1851–1852, it had been the county seat of Calaveras County. Jackson may therefore be the only city to have ever been county seat of two different counties at different times.
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