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. Dillon Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Dillon Beach, California
About Dillon Beach
Dillon Beach is a census-designated place (CDP) in Marin County, California, United States. Dillon Beach is located 3.25 miles (5.2 km) west of Tomales, at an elevation of 89 feet (27 m). The population was 283 at the 2010 census. Dillon Beach was named after the founder, George Dillon, who settled there in 1858.
Eventually, Dillon sold out to John Keegan with the agreement that the beach would always be named Dillon Beach. Keegan plated the town, built the hotel which still stands as the store and restaurant (built of first growth redwoods). Keegan also built cottages, one of which still stands along the road to the beach. Keegan ran a stage coach from Dillon Beach to Tomales where it met the train. Keegan eventually sold the holdings to the Lawson family who owned it until the arrival of the Clines. The first post office at Dillon Beach opened in 1922. During the 1960s, Oceana Marin was developed north of town by John Keegan's grandson, James Keegan of Wells Fargo Bank and Henry Trione of Sonoma County Mortgage. Fancy modern coastal houses were built on the hillsides overlooking the quaint town of small cottages giving it a unique appeal.
Dillon Beach Resort has been owned and operated by Fred and Nancy Cline of Sonoma Valley, California since 2001. The resort consists of a cafe, general store, three beachfront cabins available for rent, and paid parking to access the resort's privately maintained beach. The resort is open year-round. It is the only privately owned beach in northern California. The undertow found at most beaches along the coast is weaker here, making swimming possible for those who can endure the coldness of the water. Surfers in wet suits are commonly seen. Fog is common in summer.
The 2010 United States Census reported that Dillon Beach had a population of 283. The population density was 94.8 people per square mile (36.6/km²). The racial makeup of Dillon Beach was 266 (94.0%) White, 3 (1.1%) Native American, 4 (1.4%) Asian, and 10 (3.5%) from two or more races. Hispanic or Latino of any race were 9 persons (3.2%).
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