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. Martinez Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Martinez, California
About Martinez
Martinez is a city and the county seat of Contra Costa County, California, United States. The population was 35,824 at the 2010 census. The downtown is notable for its large number of preserved old buildings. Martinez is located on the south side of the Carquinez Strait in the San Francisco Bay Area, directly facing the city of Benicia.
In 1824 the Alhambra Valley was included in the Rancho El Pinole Mexican land grant to Ygnacio Martínez. In 1847, Dr. Robert Semple contracted to provide ferry service from Martinez to Benicia, which for many years was the only crossing on the Carquinez Strait. By 1849, Martínez served as a way station for the California Gold Rush. The town was laid out in 1849 by Col. William M. Smith and named for Martinez. It became the county seat in 1850, but could not incorporate at the time because it lacked the 200 registered voters required, and only became a city in 1876.
The first post office opened in 1851.
In 1860, Martinez played a role in the Pony Express, where riders would take the ferry from Benicia (particularly if they missed the steamer in Sacramento). In 1915, Shell Oil Company built an oil refinery in unincorporated Martinez, which sparked a building boom in the area. A second area refinery (presently owned by Tesoro Petroleum Co.), together with the Shell facilities, help make Martinez a significant petroleum processing center and port. The oil refineries in and near Martinez can still be seen today from Interstate 680.
Although the common perception of Martinez is that of a refinery town, given the view from Highway 680 across the Shell refinery from the Martinez-Benicia Bridge, the city is in fact largely surrounded by water and regional open space preserves. The Martinez-Benicia Bridge carries Highway 680 across the eastern end of the Carquinez Strait to Solano County. The city can be defined as a more densely built downtown valley threaded by Alhambra creek and north of Highway 4. Suburban areas stretch south of Highway 4 to join the neighboring city of Pleasant Hill. Unincorporated areas include the rural Alhambra Valley and the Franklin Canyon area.
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