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. Danville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Danville, California
About Danville
The Town of Danville is located in the San Ramon Valley in Contra Costa County, California. It is one of the incorporated municipalities in California that uses "town" in its name instead of "city". The population was 42,039 in 2010. According to Businessweek, Danville is the 41st most expensive zip code in America. Danville is one of California's top 25 wealthiest cities, and one of the wealthiest suburbs of Oakland and San Francisco. Danville is home to some of the most expensive real estate and exclusive country clubs in the nation.
Danville hosts a farmer's market each Saturday next to the San Ramon Valley Museum.
The Iron Horse Regional Trail runs through Danville. It was first a railroad that is now converted to a 80-foot (24 m) wide corridor of bike and hike trails as well as controlled intersections. Extending from Dublin to Concord, the trail passes through Danville. Walkers, bikers, skaters, and joggers usually find the Trail a source of outdoor recreation and exercise. Furthermore, the Trail is relatively isolated from the heavy traffic on the main roads, so it is a relatively safe path to travel on. The trail is also close to all the major bookstores, shops, cafes, and restaurants in Danville, so those who are doing a long trip often stop in Danville to eat or drink. The town ranked number one in the nation in a recent forecast done by Pinpoint Demographics for the highest per capita spending on clothing. The towns citizens are forecasted to spend more than $2,000 per capita on clothing.
The Danville Library hosts a number of community events, such as the annual Halloween activities for kids and book sales. The Museum of the San Ramon Valley is located in downtown Danville and hosts regional history exhibits and traveling shows in the converted railroad station adjacent to the Iron Horse Trail.
Danville is home to two main public high schools: Monte Vista High School and San Ramon Valley High School, which share a longstanding cross-town rivalry. There is a continuation high school called Del Amigo, which is stationed next to San Ramon Valley High. It is also home to The Athenian School, a private college preparatory school for grades 6-12 that is nestled in the foothills of Mount Diablo State Park. Danville's public schools are rated some of the best in California, with 98% of its high school graduates attending colleges and technical schools.
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