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. Placerville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Placerville, California
About Placerville
Placerville (formerly Old Dry Diggings, Dry Diggings, and Hangtown) is the county seat of El Dorado County, California. The population was 10,389 at the 2010 census, up from 9,610 at the 2000 census. It is part of the Sacramento–Arden-Arcade–Roseville Metropolitan Statistical Area.
After the discovery of gold in nearby Coloma, California by James W. Marshall in 1848 sparked the California Gold Rush, the small town now known as Placerville was known as Dry Diggin's after the manner in which the miners moved cartloads of dry soil to running water to separate the gold from the soil. Later in 1849, the town earned its most common historical name, "Hangtown", because of the numerous hangings that had occurred there. By 1850, the temperance league and a few local churches had begun to request that a more friendly name be bestowed upon the town. The name was not changed until 1854 when the City of Placerville was incorporated. At its incorporation Placerville was the third largest town in California. In 1857 the county seat was then moved from Coloma to Placerville, where it remains today.
Placerville was a central hub for the Mother Lode region's mining operations. The town had many services, including transportation (of people and goods), lodging, banking, and had a market and general store. The history of hard-rock mining is evidenced by an open and accessible Gold Bug Park & Mine, now a museum with tours and books.
The Southern Pacific Railroad once had a branch line that extended from Sacramento to Placerville. The track was abandoned in the 1980s. The Camino, Placerville and Lake Tahoe Railroad (now abandoned) also operated an 8-mile (13 km) shortline that operated between Camino, California and Placerville until June 17, 1986. As of March 29, 2007, 52 miles (84 km) of the right-of-way have been purchased by the city of Folsom, and eighteen miles (29 km) of track have been restored. Plans are in motion for a tourist train along the route by 2015.
The town's first post office opened in 1850.
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