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. Lafayette Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lafayette, California
About Lafayette
Lafayette (formerly, La Fayette) is a city in Contra Costa County, California, United States. As of 2011, the city's population was estimated to be 24,285. It was named after the Marquis de Lafayette, a French military hero of the American Revolutionary War. Today Lafayette is known for its pastoral rolling hills and wealthy inhabitants. In 2009, estimated median household income in Lafayette was over 120,000 dollars, more than double the statewide average and nearly triple the national average.
Before the colonization of the region by Spain, Lafayette and its vicinity were inhabited by the Saclan tribe of the indigenous Bay Miwok. Ohlone also populated some of the areas along Lafayette Creek. The indigenous inhabitants' first contact with Europeans was in the late 18th century with the founding of Catholic missions in the region. These initial contacts developed into conflict, with years of armed struggle, including a battle on what is currently Lafayette soil in 1797 between the Saclan and the Spanish, and eventually resulting in the subjugation of the native population.
Most of what is currently Lafayette was given as a Mexican land grant, Rancho Acalanes to Candelario Valencia in 1834. The name Acalanes seems to have come from the name of a native village in the area, Ahala-n.
American settlement started with the arrival of Elam Brown in 1846. He purchased Rancho Acalanes in 1848. The settlement continued to steadily grow due to its proximity to San Francisco. Brown founded a mill in 1853.
On March 2, 1857 the LaFayette post office was established by the U.S. Postal Service. (The official document giving this exact date was supplied to the Lafayette Historical Society in 1993 by the Historical Division of the U.S. Postal Service.) Prior to 1857 the community that we have been calling "Lafayette" actually had no known name - though there are undocumented rumors that it was called Dog Town, Brown's Corner, Brown's Mill, Acalanus, and perhaps Centerville.
The name "LaFayette" came together with the community's first post office. In 1857 Benjamin Shreve, owner and manager of a roadside hotel-general store (which faced today's Lafayette Plaza), applied for a post office for the community, first requesting the name Centerville. When informed that a post office with that name already existed in California, Shreve suggested La Fayette, after the French general who became a hero of the American Revolution (probably not because his wife was a native of Lafayette, Indiana). The first LaFayette post office was established at 3535 Plaza Way and Shreve became the town's first permanent postmaster, holding the job for 30 years.
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