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. Hercules Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Hercules, California
About Hercules
Hercules is a city in western Contra Costa County, California. Situated along the coast of San Pablo Bay, it is located in the eastern region of the San Francisco Bay Area, about 10 miles (16 km) north of Berkeley. Hercules has a 2010 population of 24,060 according to the U.S. Census. Old Town Pinole serves as the city's original commercial center.
Upon relocating its operations from San Francisco in 1881, California Powder Works established company housing in the area that is now the city of Hercules. The city was named after the company's leading product, in turn named after the Greek demigod, Hercules.
Hercules contributed significantly to the production of explosives during both World Wars. By the Second World War, the plant had diversified to produce fertilizers and other chemical products. However, by this time the surrounding area was experiencing rapid growth as the commuter belt moved further outward from San Francisco. Study has been made of upper layer soil contamination from prior emissions of the California Powder Works operations. Eventually the facility was out-competed by foreign manufacturers, and the plant was closed in 1976. By the mid-1970s Centex Homes and other developers began to build new subdivisions and changed Hercules into a residential suburb.
In the 1970s, Hercules was one of the first cities in the United States to develop a comprehensive Noise Element of the General Plan. This work included the production of noise contour maps for all major highways and arterial roads, as well as a city-wide mitigation plan.
Hercules was incorporated in 1900. The first post office was established in 1914. By the 1940s Hercules organized its own law enforcement department and longtime Hercules Powder Company employee William Darke was named sheriff, becoming its first officer.
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