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. Reedley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Reedley, California
About Reedley
Reedley is a city in Fresno County, California, United States. Reedley is located in the San Joaquin Valley, 22 miles (35 km) east-southeast of Fresno, at an elevation of 348 feet (106 m). The population at the 2010 census was 24,194. Its chief economic source is agriculture, particularly fruit and vegetable cultivation. The city dubs itself "The World's Fruit Basket". Reedley holds many festivals year round. The city of Reedley hosts the annual Reedley Fiesta in October, the Reedley Electrical Christmas Parade in December, the Reedley Street Faire in May, the Reedley Certified Farmers Market (Wednesday evening, in the summer), the Reedley Taste of the Town in September, and many other festivities to keep the residents and visitors busy and entertained. Reedley is situated along the Kings River and in the summer, many local residents and visitors drive to Cricket Hollow Park and Reedley Beach.
According to the United States Census Bureau, the city has a total area of 5.2 square miles (13 km2), of which, 5.1 square miles (13 km2) of it is land and 0.1 square miles (0.26 km2) of it (1.39%) is water.
American Civil War hero Thomas Law Reed settled here to provide wheat for Gold Rush miners in the mid-1800s. His donation of land for a railroad station site established the town as the center of the Valley's booming wheat business. Railroad officials commemorated his vision by naming the fledgling City in his honor. When mining fever began to fade, wheat demand slackened. Kings River water was diverted for crop irrigation, and the region began its over 100-year tradition of bountiful field, tree, and vine fruit harvests. With water and railroad services in place, farming families of European immigrants were recruited, and the settlement was incorporated in 1913, with Ordinance No. 1 adopting and prescribing the style of a Common Seal on February 25, 1913. An important element in the early town was a colony of German Mennonites, whose strong traditions and values still shape Reedley's culture. The population today is diverse and multicultural and Reedley boasts a current population equal to 20,500. Each of the town's major ethnic groups has shown strong civic leadership, a desire to retain cultural and religious traditions, and the ability to work successfully together for Reedley's betterment. Among the community's 25 churches are Anglican, Catholic, Christian, Armenian, Baptist, Buddhist, Mennonite, and many other congregations. The area's 41 organizations and 12 civic clubs include Filipino community organizations, a Finnish organization, and American Lebanese Women's Club, several Hispanic and Latin American organizations, and a Japanese organization among the many sports, cultural, conservation, charitable, and civic associations. In 1988 Reedley celebrated the first 100 years of its multicultural heritage, and the 75th anniversary of incorporation.
The 2010 United States Census reported that Reedley had a population of 24,194. The population density was 4,693.2 people per square mile (1,800/km²). The racial makeup of Reedley was 14,105 (58.3%) White, 169 (0.7%) African American, 267 (1.1%) Native American, 797 (3.3%) Asian, 8 (0.03%) Pacific Islander, 7,850 (32.4%) from other races, and 998 (4.1%) from two or more races. Hispanic or Latino of any race were 18,455 persons (76.3%).
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