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. Delano Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Delano, California
About Delano
Delano is a city in Kern County, California, United States. Delano is located 31 miles (50 km) north-northwest of Bakersfield at an elevation of 315 feet (96 m). The population was 53,819 at the 2011 census, up from 38,824 at the 2000 census. It is Kern County's second largest city after Bakersfield.
Agriculture is Delano's major industry. The area is particularly well known as a center for the growing of table grapes. Delano is also home to two California state prisons, North Kern State Prison and Kern Valley State Prison. The Voice of America once operated its largest, most powerful shortwave broadcast facility outside Delano at 35°45′15″N 119°17′7″W. However, the Voice of America ceased broadcasts in October 2007, citing a changing political mission, reduced budgets, and changes in technology.
Delano's two school districts currently operate eight elementary schools, three middle schools, three comprehensive high schools and two alternative high schools. The city has its own police department and contracts with the Kern County Fire Department for fire services, EMS services are privately provided by local company, Delano Ambulance Service.
Delano was founded on July 14, 1869 as a railroad town. The name was officially given by the Southern Pacific Railroad in honor of Columbus Delano, at the time the Secretary of the Interior for the United States. The first post office opened in 1874. Delano incorporated in 1913.
Delano was a major hub of farm worker organization efforts and Chicano movement politics. Filipino immigrants Philip Vera Cruz and Larry Dulay Itliong were instrumental in shaping the direction of farm worker organizing in the 1950s. On September 8, 1965, Larry Itliong and other Filipino leaders led the predominantly Filipino Agricultural Workers Organizing Committee (AWOC) in a "walk off" from table grape farms, now known as the Delano grape strike. The strikers' goal was to improve farmworkers’ wages and working conditions. The National Farm Workers' Association (NFWA), a largely Hispanic union led by Cesar Chavez, joined the strike within a week. During the strike, the two groups joined forces and formed the United Farm Workers of America (UFW). By 1970, the UFW won a contract with major grape growers across California. Delano is also known as "Crow Town" because of the many crows that roam there.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
