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. Sutter Creek Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sutter Creek, California
About Sutter Creek
Sutter Creek (formerly spelled Sutter's Creek and Suttercreek; formerly named Suttersville) is a city in Amador County, California, United States. The population was 2,501 at the 2010 census, up from 2,303 at the 2000 census. It is accessible via State Route 49.
Sutter Creek, known as the "Jewel of the Mother Lode," was named after John Sutter, who sent a party to the area in 1846 in search of timber. Sutter logged this area for a while before returning to his fort in Sacramento.
Sutter's discovery of gold at nearby Coloma in January 1848 triggered the California Gold Rush. After all his workers left him to go on their own hunt for gold, Sutter moved to Mormon Island with a couple of hands. After about 2 weeks miners flooded the island so Sutter and his hands left and once again went to Sutter Creek. Sutter said that, "I broke up the camp and started on the march further south, and located my next camp on Sutter Creek, now in Amador County, and thought that I should be there alone. The work was going on well for a while, until three or four traveling grog-shops surrounded me, at from one-half to ten miles (16 km) distance from the camp. Then, of course, the gold was taken to these places, for drinking, gambling, etc., and then the following day they were sick and unable to work, and became deeper and more indebted to me, particularly the Kanakas [native Hawaiians]." Shortly thereafter Sutter moved out of Sutter Creek and back to his fort.
Sutter Creek became a destination for fortune hunters and became a town in 1854. A post office was established in 1852. Sutter Creek incorporated in 1913.
Although plenty of placer gold was found there, gold-bearing quartz deposits were discovered in 1851 and mining those deposits for gold became the mainstay of the local economy for many years. With the prosperity brought by quartz mining, Sutter Creek became a boomtown. By 1932 the Central Eureka mine, begun in 1869, had reached the 2,300-foot (700 m) level. By 1939, it was the best-paying mine in Sutter Creek. The mines continued operations until 1942, when most gold mines were closed for manpower reasons during World War II. The Central Eureka mine reopened after the war and then shut down for good in 1951.
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