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. Pinole Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Pinole, California
About Pinole
Pinole is a city in Contra Costa County, California, United States. The population was 18,390 at the 2010 census.
The name derives from "pinole", a Native American word for a kind of flour made from the seeds of maize, chia, and various other grasses and annual herbs. An expedition under Pedro Fages was said to have run out of provisions while exploring the area, and been fed pinole by a local village, and so the Spaniards named their camp "El Pinole".
In 1823, Ygnacio Martinez, commandant of the Presidio of San Francisco, received a land grant of Rancho El Pinole from the Mexican government. Martinez built a hacienda in Pinole Valley at the present side of Pinole Valley Park. During the 1850s, Bernardo Fernandez, a Portuguese immigrant, started a trading facility on the shores of San Pablo Bay and eventually built the historic Fernandez Mansion, which still stands today at the end of Tennent Avenue. From these early beginnings, a small but thriving community grew into the city now known as Pinole.
The settlement grew with the coming of the Southern Pacific Railroad in 1878 and the establishment of the California Powder Worksin nearby Hercules. During this period, this city had an active waterfront and was a regional commercial and banking center. The first post office also opened in 1878. The City of Pinole was incorporated in 1903. Pinole and the surrounding area grew rapidly during the post-World War II boom. With the coming of Interstate 80 in 1958, the town evolved in a suburban bedroom community within the San Francisco/Oakland commuter belt. Much of its original industry was displaced during this time, and the town became predominantly residential.
The city of Pinole has habitat areas that support the endangered species Santa Cruz Tarweed on the California coastal prairie ecosystem. A colony of this rare plant was discovered during preparation of an Environmental Impact Report for a proposed shopping center on the east side of I-80 in the late 1980s. Subsequently a plan was developed by the city to conduct replanting of this tarweed on the slopes within the right-of-way of Interstate Highway 80. Also running through is Pinole Creek.
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