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. Richmond Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Richmond, California
About Richmond
Richmond is a city in western Contra Costa County, California, United States. The city was incorporated on August 7, 1905. Located in the eastern region of the San Francisco Bay Area, Richmond borders the city of San Pablo and the unincorporated areas of North Richmond, El Sobrante and East Richmond Heights.
Under the McLaughlin Administration, Richmond is the largest city in the United States served by a Green Party Mayor. As of the 2010 U.S. Census, the city's population is at 103,701.
The Ohlone Indians were the first inhabitants of the Richmond area, settling an estimated 5,000 years ago.
The name "Richmond" appears to predate actual incorporation by more than fifty years. Edmund Randolph, originally from Richmond, Virginia, represented the city of San Francisco when California's first legislature met in San Jose in December 1849, and he became state assemblyman from San Francisco. His loyalty to the town of his birth caused him to persuade a federal surveying party mapping the San Francisco Bay to place the names "Point Richmond" and "Richmond" on an 1854 geodetic coast map, which was the geodetic map at the terminal selected by the San Francisco and San Joaquin Valley Railroad; and by 1899 maps made by the railroad carried the name "Point Richmond Avenue," designating a county road that later became Barrett Avenue, a central street in Richmond.
The Atchison, Topeka and Santa Fe Railroad had its terminus at Richmond. The first post office opened in 1900.
Richmond was founded and incorporated in 1905, carved out of Rancho San Pablo, from which the nearby town of San Pablo inherited its name. Until the enactment of prohibition in 1919, the city had the largest winery in the world; the small abandoned village of Wine haven remains fenced off along Western Drive in the Point Molate Area. In the 1920s the Ku Klux Klan was active in the city. In 1930 the Ford Motor Company opened an assembly plant which moved to Milpitas in the 1960s. The old Ford plant has been a National Historic Place since 1988, and in 2004 was purchased by developer Eddie Orton and has been converted into an events center (Ford Point Building – The Craneway). The city was a small town at that time, until the onset of World War II which brought on a rush of migrants and a boom in the industrial sector. Standard Oil set up operations here in 1901, including a what is now the Chevron Richmond Refinery and tank farm, which are still operated by Chevron. There is a pier into San Francisco Bay south of Point Molate for oil tankers. The western terminus of the Santa Fe Railroad was established in Richmond with ferry connections at Ferry Point in the Brickyard Cove area of Point Richmond to San Francisco.
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