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. Home Garden Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Home Garden, California
About Home Garden
Home Garden is a census-designated place (CDP) in Kings County, California, United States. The community is about 1.5 miles (2.4 km) southeast of the city of Hanford. It is part of the Hanford–Corcoran Metropolitan Statistical Area. The population was 1,761 at the 2010 United States Census.
The 2010 United States Census reported that Home Garden had a population of 1,761. The population density was 2,854.0 people per square mile (1,101.9/km²). The racial makeup of Home Garden was 652 (37.0%) White, 221 (12.5%) African American, 63 (3.6%) Native American, 50 (2.8%) Asian, 8 (0.5%) Pacific Islander, 677 (38.4%) from other races, and 90 (5.1%) from two or more races. Hispanic or Latino of any race were 1,189 persons (67.5%).
At the time of the 2000 census, the median income for a household in the CDP was $25,450, and the median income for a family was $24,214. Males had a median income of $26,071 versus $14,338 for females. The per capita income for the CDP was $22,357. It is noteworthy that about 33.5% of families and 41.9% of the population were below the poverty line, including 53.5% of those under age 18 and 24.4% of those age 65 or over. The unemployment rate was 30.1% in October 2012.
Home Garden is part of California's 21st congressional district, which is held by Republican David Valadao. The community is represented in the California State Senate by Democrat Michael Rubio and in the California State Assembly by Democrat Rudy Salas.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
