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. Fresno County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Fresno County, California
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About Fresno County
Fresno County is a county located in the Central Valley of the U.S. state of California, south of Stockton and north of Bakersfield. As of the 2010 census, it is the tenth most populous county in California with a population of 930,450 and the sixth largest in size with an area of 6,017.4 square miles (15,585 km2). The county seat is Fresno. Fresno is the fifth largest city in California.
The area now known as Fresno County, was discovered by Spaniards during a search for suitable mission sites. In 1846, this area became the property of the United States as a result of the Mexican War.
Fresno County was formed in 1856 from parts of Mariposa, Merced and Tulare counties. Fresno is Spanish for "ash tree" and it was in recognition of the abundance of the shrubby local Ash, Fraxinus dipetala, growing along the San Joaquin River that it received its name. Parts of Fresno County's territory were given to Mono County in 1861 and to Madera County in 1893. The original county seat was along the San Joaquin River in Millerton, but was moved to the rapidly growing town of Fresno on the newly built Southern Pacific Railroad line after a flood destroyed much of the town.
Major watercourses are the San Joaquin, Kings River, Delta-Mendota Canal, Big Creek, Friant Kern Canal, Helm Canal and Madera Canal. It is bordered on the west by the Coast Range and on the east by the Sierra Nevada. It is the center of a large agricultural area, known as the most agriculturally rich county in the United States. The county withdrew 3.7 billion US gallons (14,000,000 m3) of fresh water per day in 2000, more than any other county in the United States.
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