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. Corocoran Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Corocoran, California
About Corcoran
Corcoran is a city in Kings County, California, United States. Corcoran is located 17 miles (27 km) south-southeast of Hanford, at an elevation of 207 feet (63 m). It is part of the Hanford–Corcoran Metropolitan Statistical Area. The population was 24,813 at the 2010 census, up from 14,458 at the 2000 census. The California Department of Finance estimated that Corcoran's population was 23,154 on January 1, 2013.
Corcoran is most famous as the site of the California State Prison, Corcoran, home to a number of notable inmates such as Charles Manson, and Juan Corona. The California Substance Abuse Treatment Facility and State Prison, Corcoran is a separate facility that is also located in the city. As of January 1. 2013, the two prisons held a combined total of 10,325 inmates. Inmates are counted as city residents by both the United States Census and the California Department of Finance. Thus, the incarcerated persons in the two prisons comprise just under 45% of the total population of Corcoran.
The largest employers in Corcoran include California State Prison, Corcoran; California Substance Abuse Treatment Facility and State Prison, Corcoran; Corcoran Unified School District; the J. G. Boswell Company; and Corcoran District Hospital.
Corcoran was founded by Hobart Johnstone Whitley, a prominent land developer from southern California, promoter who platted some 150 towns in the West, who took the lead in building Corcoran (the main street of the community is named in his honor). Liking what he saw during a visit to the area in 1905 (a blacksmith shop, small store, scattered homes and a lush, untapped vista with herds of grazing wild hogs, horses and steers) Whitley purchased 32,000 acres (130 km2) to start development. Much like in the San Fernando Valley (Van Nuys and Canoga Park his "creations"), Whitley "leveraged" his holdings with the support of important Los Angeles businessmen. Whitley first intended the town be named "Otis", after Harrison Gray Otis of the Los Angeles Times, and streets as Otis, Sherman, Letts (the Broadway store) and Ross (after his son, Ross Whitley) show the connections. Whitley, it is claimed, purchased and platted some 150 towns over the American West—and Corcoran is one of his last.
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