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. Greenbrae Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Greenbrae, California
About Greenbrae
Greenbrae is a small community in Marin County, California. It is located 1.5 miles (2 km) south-southeast of downtown San Rafael, at an elevation of 33 feet (10 m), located adjacent to U.S. Route 101 at the opening of the Ross Valley. Part of Greenbrae is an unincorporated community of the county while the remaining area is inside the city limits of Larkspur. The ZIP code is 94904, and is shared with the neighboring CDP of Kentfield. The community is in area code 415.
Predominantly composed of hillside and waterfront terrain, its homes and offices are known for their views of the San Francisco Bay, Corte Madera Creek, and Mount Tamalpais. The developer of Greenbrae, Niels Schultz, Jr., died in early 2008. Greenbrae's neighborhoods are bordered by downtown Larkspur to the south, Larkspur Landing to the east, the unincorporated area of Kentfield to the west, and the city of San Rafael to the north. Straddling Sir Francis Drake Boulevard, its most frequented points of interest include Marin General Hospital and Bon Air Shopping Center.
In the state legislature, Greenbrae is in the 3rd Senate District, represented by Democrat Mark Leno, and in the 10th Assembly District, represented by Democrat Marc Levine.
Greenbrae was home to U.S. Senator Barbara Boxer for over 30 years, until 2006. Football coach Pete Carroll was raised in Greenbrae, as was baseball player Buddy Biancalana. MLB pitcher Lefty Gomez, Yankees and Senators - inducted into the HOF in 1972, died in Greenbrae, February 17, 1989. Wilt Chamberlain had a house custom built in Greenbrae when the NBA Warriors moved from Philadelphia to San Francisco. Writer Jack Finney died in Greenbrae shortly after completing his last novel, as did Les Crane. American poet FrancEyE died in Greenbrae on June 2, 2009.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
