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. Fortuna Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Fortuna, California
About Fortuna
Fortuna (formerly, Slide, Springville) is a city in western-central Humboldt County, California, United States. The population was 11,926 at the 2010 census, up from 10,497 at the 2000 census. The city lies on the northeast shore of the Eel River (approximately 9 miles (14 km) from where it enters the Pacific Ocean), and is on U.S. Route 101.
The settlement was originally called "Slide", for Slide Hill, in 1874. Named for the slide that was a fixture on the northeast side of the Eel River and the southwest portion of Christian Ridge just to the northwestern edge of town. But, in 1875, the name was changed to "Springville" during the construction of the Springville Mill, a lumber and saw mill for the nearby redwood forests, named so because of the numerous springs in the area. The mill was being built by the Springville Mill Company, and its owners Henry Rohner (namesake of neighboring Rohnerville), Alexander Masson, M. N. Weber and G. F. Gushaw. Springville was originally a company town (belonging to the Springville Mill) and the few people that resided there all worked for the mill. By the late 1870s, Springville was large enough to warrant a post office, but there already existed a town called Springville, California (now part of Camarillo, in Ventura County) in the state of California. The post office was named Slide on May 24, 1876. In 1884 the residents petitioned the state legislature for the name of "Fortuna", Spanish for "fortune" and Latin for "chance", and by July 3, 1888 the name was changed to Fortuna.
The name was chosen when settlers saw the proximity of the forests, the river and its valley, and the Pacific Ocean, as ideal for enjoying the quality of life, and felt "fortunate" to live there. It is believed that a local minister and real estate agent, wanting to sell lots to newcomers, came up with the name as a marketing gimmick.
Fortuna is located seven miles (11 km) from the Pacific coast within the Eel River Valley of Humboldt County in Northwest California. The community is affected by coastal weather patterns with the Pacific Ocean to the west. Fortuna is served by Hwy 101 providing direct access to San Francisco 253 miles (407 km) to the south and to Eureka (County Seat) 14 miles (23 km) to the north. The western terminus of Hwy 36 intersects Hwy 101 one-mile (1.6 km) south of the city limits. Fortuna is surrounded by National, State and County Redwood parks, and is the gateway to the redwood forests of Northern California. Sequoia sempervirens grow as high as a 30-story building and live to be 2,500 years old. It is humbling to stand in a redwood grove cathedral and realize these trees were alive when the Romans ruled the world. The 33-mile (53 km) Avenue of the Giants drive offers one of the most spectacular views of the Redwoods as it brings visitors through grove after grove. Stops include Founders Grove, the Visitor Center near Weott and several places that provide trail access.
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