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. Paradise Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Paradise, California
About Paradise
Paradise is an incorporated town in Butte County, in the northwest foothills of California's Central Valley, in the Sierra. The town is considered part of the Chico Metropolitan Area. The population was 26,218 at the 2010 census, down from 26,408 at the 2000 census. Paradise is 10 miles (16 km) east of Chico and 85 miles (137 km) north of Sacramento.
The town of Paradise is spread out on a wide ridge which rises between deep canyons on either side. These canyons are formed by the west branch of the Feather River to the east, and Butte Creek to the west. The Paradise area extends northwards from Paradise to include the unincorporated town of Magalia and smaller communities such as Stirling City to the far north. Elevation of the town is 1,778 feet (542 m), according to the GNIS. The town is approximately 8 miles (13 km) east of the city of Chico, and 10 miles (16 km) north of the Oroville area.
The first post office was established at Paradise in 1877; it closed for a time in 1911, but was re-established later that year, when the post office at Orloff was closed. Paradise incorporated in 1979. For many years, the Butte County Railroad operated trains along the ridge, serving mines and sawmills.
The 2010 United States Census reported that Paradise had a population of 26,218. The population density was 1,430.9 people per square mile (552.5/km²). The racial makeup of Paradise was 24,129 (92.0%) White, 112 (0.4%) African American, 301 (1.1%) Native American, 330 (1.3%) Asian, 24 (0.1%)Pacific Islander, 416 (1.6%) from other races, and 906 (3.5%) from two or more races. Hispanic or Latino of any race were 1,836 persons (7.0%).
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