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. Humboldt County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Humboldt County, California
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About Humboldt County
Humboldt County is a county in the U.S. state of California, located on the far North Coast 200 miles north of San Francisco. According to 2010 Census Data, the county’s population was 134,623. Its primary population centers of Eureka, the county seat and site of College of the Redwoods main campus, and the smaller college town of Arcata, site of Humboldt State University, are located adjacent to Humboldt Bay, California's second largest natural bay. Area cities and towns are known for hundreds of ornate examples of Victorian architecture.
Humboldt County is a densely forested, mountainous, and rural county with more than 100 miles of coastline situated along the Pacific coast in Northern California's rugged Coast (Mountain) Ranges. With nearly 1,500,000 acres (6,100 km2) of combined public and private forest in production, Humboldt County alone produces twenty percent of total volume and thirty percent of the total value of all forest products produced in California. The county contains over forty percent of all remaining old growth Coast Redwood forests, the vast majority of which is protected or strictly conserved within dozens of national, state, and local forests and parks, totaling approximately 680,000 acres (over 1,000 square miles).
The original inhabitants of the area now known as Humboldt County include the Wiyot, Yurok, Hupa, Karuk, Chilula, Whilkut, and the Eel River Athapaskan peoples, including the Wailaki, Mattole and Nongatl. Andrés de Urdaneta found the coast near Cape Mendocino then followed the coast south to Acapulco in 1565. Spanish traders made unintended visits to California with the Manila Galleons on their return trips from the Philippines beginning in 1565. Humboldt County was formed in 1853 from parts of Trinity County. The first recorded entry by people of European origin was a landing by the Spanish in 1775 in Trinidad.
The county derived its name from Humboldt Bay, which in turn is named after Alexander von Humboldt, a famous German naturalist. The first recorded entry of Humboldt Bay by non-natives was an 1806 visit from a sea otter hunting party from Sitka employed by the Russian American Company. The hunting party included Captain Jonathan Winship, anAmerican, and some Aleut hunters. The bay was not visited again by people of European origin until 1849 when Josiah Gregg's party visited. In 1850, Douglas Ottinger and Hans Buhne entered the bay, naming it Humboldt in honor of the great naturalist and world explorer, Baron Alexander von Humboldt.
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