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. Arcata Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Arcata, California
About Arcata
Arcata, originally Union Town or Union, is a city adjacent to the Arcata Bay (northern) portion of Humboldt Bay in Humboldt County, California, United States. At the 2010 census, Arcata's population was 17,231. This college town, located 280 miles (450 km) north of San Francisco (via Highway 101), is home to Humboldt State University. Arcata is also the location of the Arcata Field Office of the Federal Bureau of Land Management, which is responsible for the administration of natural resources, lands, and mineral programs, including the Headwaters Forest, on approximately 200,000 acres of public land in Northwestern California.
Arcata was originally founded as Union Town or Union (the permanent name change to "Arcata" occurred in 1860). Union was created as a port, and re-provisioning center for the gold mines in the Klamath, Trinity, and Salmon mountains to the east, and was very briefly the county seat during this period. It was slightly closer to the mines than Eureka, which gave Union an early advantage. What was to become the first significant town on Humboldt Bay began as Union Company employees laid out the plaza and first city streets in the Spring of 1850. By later in the 1850s redwood timber replaced the depleted gold fields as the economic driver for the region and Eureka became the principal city on the bay due to its possession of the better harbor, gaining it the county seat by the end of the decade.
The Union Town post office opened in 1852 and changed its name to Arcata in 1860.
In 1886, Arcata expelled its Chinese population and enacted the following resolution: "We, the citizens of Arcata and vicinity, wish the total expulsion of the Chinese from our midst. We endorse the efforts of Eurekato exclude all Chinese settlements in the city and environs."
There are several neighborhoods within Arcata, including Aldergrove, Alliance, the "Arcata Bottoms", portions of Bayside, California Heights, Greenview, Northtown, South G Street, Sunny Brae, Valley West, Westwood, Sunset, the Downtown/Plaza Area, Redwood Park, Bayview, Fickle Hill, and the Marsh.
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