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. Bakersfield Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Bakersfield, California
About Bakersfield
Bakersfield is a city near the southern end of the San Joaquin Valley in Kern County, California. It is roughly equidistant between Fresno and Los Angeles, which are 110 miles (180 km) to the north and south respectively. In the 2010 census, the city’s population was 347,483, making it the 9th largest city in California and the 52nd largest city in the United States. The city is also the county seat for Kern County, which encompasses the entire MSA and is the third largest county in California by area.
Bakersfield is the focal point of the larger Bakersfield-Delano Metropolitan Statistic Area (MSA). In 2010, it had a population of 839,631, making it the 62nd largest metropolitan area in United States.
Bakersfield has a very diverse economy. Kern County is the most productive oil producing county, and the fourth most productive agricultural county (by value) in the United States. Other industries include natural gas and other energy extraction, aerospace, mining, petroleum refining, manufacturing, distribution, food processing, and corporate/regional headquarters.
In 1862 disastrous floods swept away the settlement founded there in 1860 by the German-born Christian Bohna, Among those attracted to the area by the California Gold Rush was Thomas Baker, a lawyer and former Colonel in the militia of Ohio, his home state. Baker moved to the banks of the Kern River in 1863, at what become known as Baker’s Field, which became a stopover for travelers. By 1870, with a population of 600, what was now known as Bakersfield was becoming the principal town in Kern County.
In 1873 it was officially incorporated as a city, by 1874 it officially replaced the dying town of Havilah as the county seat. Alexander Mills was hired as the city marshall, a man one historian would describe as "...an old man by the time he became Marshal of Bakersfield, and he walked with a cane. But he was a Kentuckian, a handy man with a gun, and not lacking in initiative and resource when the mood moved him." Business men and others began to resent Mills, who was cantankerous and high-handed in his treatment of them. Wanting to fire him but fearing reprisals, they came up with a scheme to disincorporate, effectively leaving him without an employer. According to local historian Gilbert Gia, the city was also failing to collect the taxes it needed for services. In 1876, the city voted to disincorporate. For the next 22 years, a citizen's council managed the community.
By 1880, the town had a population of 801, and by 1890, it had a population of 2,626. Migration from Texas, Louisiana, Oklahoma, and Southern California brought new residents, who were mostly employed by the oil industry.
The city reincorporated on January 11, 1898.
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