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. Antioch Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Antioch, California
About Antioch
Antioch (formerly, East Antioch, Smith's Landing, and Marshs Landing) is a city in Contra Costa County, California. Located in the East Bay region of the San Francisco Bay Area along the San Joaquin-Sacramento River Delta, it is a suburb of San Francisco and Oakland. The city's population was 102,372 at the U.S. 2010 census.
Antioch is one of the oldest towns in California, having been founded in 1850. The year following the discovery of gold, there was a plague that overtook the city and wiped out most of the population.
The town was founded by two brothers, William and Joseph Smith, who named the town Smith’s Landing. In 1851, the town's new minister persuaded the residents to change the name of the town to Antioch, for the Biblical city of Antioch, Turkey.
Around 1859, coal was discovered in several places in the hills south of Antioch and coal mining formed the first substantial business apart from farming and dairying by the inhabitants of this community. This new industry resulted in the founding of the towns of Nortonville, Somersville, Stewartsville, and Black Diamond (now Pittsburg, California), and added greatly to the economic activity of the Antioch area. The Empire Coal Company was formed by John C. Rouse and George Hawxhurst in 1876, which built a railroad that passed from Antioch toward the mines over what is now "F Street" (formerly Kimball Street). However, later on, both the mine and the railroad passed into the hands of the Belshaw brothers. The mines have long ago ceased operation, and the railroad tracks have been dug up, though the building that served as the Antioch terminus of the railroad still stands on the corner of F Street and Fourth Street, and the grading and trestles still remain much as they were in those early days.
In 1863, a great excitement arose over the discovery of copper ore near Antioch. Smelting works were built at Antioch, and a value of fifteen to twenty-five dollars per ton was paid for the ore, according to its quality. Unfortunately the copper bubble eventually burst, to the dismay of the citizens with connections. Petroleum was first drilled for near Antioch in 1865, but not enough oil was found to make a decent profit.
The Antioch Post Office was opened in 1851, closed in 1852, re-opened in 1855, closed again in 1862, and it has operated continuously since re-opening in 1863. The city of Antioch was incorporated in 1872.
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