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. Oroville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Oroville, California
About Oroville
Oroville (formerly, Ophir City) is the county seat of Butte County, California. The population was 15,506 at the 2010 census, up from 13,004 at the 2000 census. The Berry Creek Rancheria of Maidu Indians of California is headquartered here.
Oroville is situated on the banks of the Feather River where it flows out of the Sierra Nevada onto the flat floor of the California Central Valley. It was established as the head of navigation on the Feather River to supply gold miners during the California Gold Rush.
The town was originally called Ophir City; the name was changed to Oroville when the first post office opened in 1854.
Oroville is situated at the head of navigation on the Feather River. The Yuba River flows into the Feather River near Marysville, California and these flow together to the Sacramento River. Geologically, Oroville is situated at the meeting place of three provinces: the Central Valley alluvial plain to the west, the crystalline Sierra Nevada to the SE and the volcanic Cascade Mountains to the north. It has a Mediterranean climate.
Oroville sits on the eastern rim of the Great Valley, defined today by the floodplains of the Sacramento River and its tributaries. Around Oroville these sediments are dominated by thick fans of Feather River sediments, but just east of this there is a thin, N-S band of late Cretaceous sediments. These sit on top of the Sierran basement, which beneath eastern Oroville comprise greenschist-facies meta-volcanic rocks of Jurassic age, giving way to granites of the Sierra batholith to the east. These are manifestations of a vigorous island arc sequence, built out over an east-dipping subduction zone of mid-to-late Mesozoic age. The gold veins lace this ancient arc, remobilized by Mesozoic shearing and intrusions of igneous rock. The crystalline foothills are locally overlain by a Cenozoic sequence of Eocene clean beach sands overlain by Neogene volcanics, including the Diamond Head-like profile of Table Mountain.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
