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. Avenal Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Avenal, California
About Avenal
Avenal is a city in Kings County, California, United States. Avenal is located 35 miles (56 km) southwest of Hanford, at an elevation of 807 feet (246 m). It is part of the Hanford–Corcoran Metropolitan Statistical Area (MSA Code 25260), which encompasses all of Kings County. In area, it is the largest city in Kings County. The Zip Code for this community is 93204, and telephone numbers use the sequence (559) 386-XXXX. The population was 15,505 in the 2010 census, which includes inmates at the Avenal State Prison, the first prison actively solicited by a community in the state of California. Many of the remaining residents largely either work at the prison or in the agriculture industry. The prison provides approximately 1,000 jobs to residents. The California Department of Finance estimated that Avenal's population was 14,225 on January 1, 2013. As of that date, Avenal State Prison held 4,973 inmates, which was about 35% of the total population of Avenal. Inmates are counted as city residents by both the United States Census and the California Department of Finance.
The city's motto is "Oasis in the Sun".
The City of Avenal was named by Spanish soldiers and explorers. In Spanish, "avena" means oats, and "avenal" means oatfield. This area was covered with wild oats, "waist high," that looked like golden silk and covered the Kettleman Plains.
Early American settlers arrived in the Kettleman Hills during the 1850s with dreams of raising cattle and farming. Oil, however, would bring fame, fortune and people to the area. Indians had always known oil was in the hills, with natural seepage around Coalinga and Tar Canyon. The first Kettleman Hills well was drilled in 1900, followed by countless unproductive efforts.
Among the first business establishments at Avenal were Koepp's Welding Works, The Republic Supply Company, Mac's Coffee Shop, Moore's Soda Fountain and the Cross Lumber Company. Presently, the town included 26 oil field supply houses, 12 oil field service company branches, 9 grocery stores, 9 service stations, 8 restaurants, 5 welding establishments, 4 builders' supply houses and numerous other enterprises.
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