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. Kerman Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Kerman, California
About Kerman
Kerman (formerly, Collis) is a city at the intersection of State Route 180 and State Route 145 in Fresno County, California, USA. The population was 13,544 at the 2010 census. Kerman is located 15 miles (24 km) west of Fresno, at an elevation of 220 feet (67 m).
Around 1891, the Southern Pacific Railroad constructed a new line between Tracy and Fresno. A watering tank and pump on that line was the beginning of Kerman, which was christened Collis in honor of the President of the road, Collis Potter Huntington. The first inhabitant, the caretaker of the pump and tank, kept the tank full of water for the thirsty engines with their long and lumbering trains. After some months, he resigned his job, not because of the work, he said, but because it was too lonesome and he was tired of being a hermit. He said he never saw anyone but the train crews who were always in too big a hurry to carry on a conversation.
On August 3, 1892, the train bandits Chris Evans, John Sontag, and George Contant robbed a Southern Pacific train at Collis. Contant went to Folsom State Prison for the crime. Evans and John Sontag became fugitives for ten months before they were captured in 1893 in what is called the Battle of Stone Corral. John Sontag died of his wounds in custody, and Chris Evans was also sent to Folsom upon his conviction of the crime.
As a speculative venture, the old and very rich Bank of California purchased a huge tract of land in every County of California. The arid, barren land around Kerman seemed to be a good venture, so that happened to be the allotment for Fresno County.
After the death of its promoter, the bank became insolvent and its property was liquidated. The property here attracted the attention of two Los Angeles capitalists, William G. Kerckoff and Jacob Mansar, who saw a chance to purchase a plentiful water supply from the newly constructed Enterprise Canal, which had its source in the Kings River. The men combined the first three letters of each of their names and christened the area "Kerman." They pitched the property to Scandinavians and Germans settled in the Midwest.
The Collis post office was opened in 1894, closed in 1899, re-established in 1904, and renamed Kerman in 1906. Kerman incorporated in 1946.
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