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. Angels Camp Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Angels Camp, California
About Angels Camp
Angels Camp, also known as City of Angels and formerly Angel's Camp, Angels, Angels City, Carson's Creek, and Clearlake, is the only incorporated city in Calaveras County, California, United States. The population was 3,835 at the 2010 census, up from 3,004 at the 2000 census. It lies at an elevation of 1378 feet (420 m).
Mark Twain based his short story "The Celebrated Jumping Frog of Calaveras County" on a story he claimed he heard at the Angels Hotel in 1865. The event is commemorated with a Jumping Frog Jubilee each May at the Calaveras County Fairgrounds, just east of the city. Because of this, Angels Camp is sometimes referred to as "Frogtown."
United States Ski Team member and two time Alpine skiing World Cup Downhill Champion Kyle Rasmussen lives in Angels Camp. The city is California Historical Landmark #287.
Henry Angell, a native of Rhode Island set up a tent store on the banks of the creek. The placers around his camp were productive but gave out after a few years, and the population began to dwindle until gold-bearing quartz veins were discovered in the town, which brought people back. Those mines operated for the next few decades, producing over $20 million worth of gold, processed by stamp mills in town. It was said that when the last mill finally ceased operations, the townspeople couldn't sleep, the silence was so loud.
The first post office was established in 1851 (and called Carson's Creek). It was renamed along with the town in 1853. The city was incorporated under the name of "Angels" in 1912.
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