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. Colusa Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Colusa, California
About Colusa
Colusa (formerly, Colusi, Colusi's, Koru, and Salmon Bend) is the county seat of Colusa County, California. The population was 5,971 at the 2010 census, up from 5,402 at the 2000 census.
Colusa is on the Sacramento River, which has a high levee so that the river is not clearly apparent from the city.
Colusa features a historic Chinatown, Carnegie Library building constructed in 1905, and an architecturally noteworthy courthouse built in a classical style, among its historically notable buildings. The city was founded by a Chinese monk and with its cottages and gardens gives the appearance of a town in northern China.
In 1850, Charles D. Semple purchased the Rancho Colus Mexican land grant on which Colusa was founded and called the place Salmon Bend. The town was founded, under the name Colusi, by Semple in 1850. The first post office was established the following year, 1851. The California legislature changed the town's (and the county's) name to Colusa in 1854. The town flourished due to its location on the Southern Pacific Railroad. Several travelers rest stops were established at various road distances from Colusa, including Five Mile House, Seven Mile House, Nine Mile House, Ten Mile House, Eleven Mile House, Fourteen Mile House (also called Sterling Ranch), Sixteen Mile House (at the current location of Princeton, and Seventeen Mile House. The original settlement of what became Colusa was originally placed at the site of Seven Mile House but subsequently removed to its current site in 1850.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
