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. Hanford Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Hanford, California
About Hanford
Hanford is an important commercial and cultural center in the south central San Joaquin Valley and is the county seat of Kings County, California. It is the principal city of the Hanford-Corcoran, California Metropolitan Statistical Area (MSA Code 25260), which encompasses all of Kings County, including the cities of Hanford and Corcoran. The ZIP Code is 93230 (93232 for post office boxes). The city of Hanford is surrounded by communities that do not fall within the city limits but use the same zip code. These communities include Grangeville, Hardwick and Home Garden. Hanford is 28 miles (45 km) southeast of Fresno city and 18 miles (29 km) west of the city of Visalia.
Hanford is located at 36°19′39″N 119°38′44″W (36.3275, -119.6457). It is situated in the south central portion of California's San Joaquin Valley, 28 miles (45 km) SSE of the city of Fresno, at an elevation of 249 feet (76 m) above sea level. The terrain is level. According to the United States Census Bureau, the city has a total area of 16.6 square miles (43 km2), all of which is land not covered by water. The only natural watercourse is Mussel Slough, remnants of which still exist on the city's western edge. The Kings River is about 6.5 miles (10.5 km) north of Hanford. The People's Ditch, an irrigation canal dug in the 1870s, traverses Hanford from north to south.
The Hanford area was inhabited by the Tachi Yokut Indians for several thousand years prior to Euro-American contact. They occupied areas along watercourses such as creeks, springs and seep areas (such as sloughs), along perennial and seasonal drainages, as well as flat ridges and terraces. Therefore, the areas along streams are considered likely locations for prehistoric cultural resources. Permanent villages were usually placed on an elevation above the seasonal flood levels. Surrounding areas were used for hunting and seed, acorn, and grass gathering.
Hanford is named for James Madison Hanford, a railroad executive, after the Southern Pacific Railroad tracks were laid through a sheep camp in the year 1877. According to History of Kings County : "It was but a short step from sheep-camp to village and with the railroad as an attraction the village flourished and became a town within a few historic months."
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