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. Hamilton Air Force Base Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Hamilton Air Force Base, California
About Hamilton Air Force Base
Hamilton Air Force Base was a United States Air Force base located along the western shore of San Pablo Bay. It was then south of Novato, California, and is now part of Novato.
Hamilton Airfield was named for First Lieutenant Lloyd Andrews Hamilton of the 17th Aero Squadron, awarded the Distinguished Service Cross for heroism at Varssonaore, Belgium, in leading a low level bombing attack on a German airdrome 30 miles (50 km) behind enemy lines on August 13, 1918. Thirteen days later Hamilton died in action near Lagnicourt, France.
What would eventually become Hamilton Air Force Base has its origins in the late 1920s, when the airfield was first established. Known at first unofficially as the Marin County Air Field, as Marin Airfield, as Marin Meadows Air Field, and as the Army Air Base at Marin Meadows, it was officially termed from 1929 until 1932 the "Air Corps Station, San Rafael." Then, with formal development beginning, it was named Hamilton Army Air Field on July 12, 1932.
Construction of the airfield began about July 1, 1932, with the airfield being originally designed to accommodate four bomb squadrons and their personnel. Captain Don Hutchins of the Army Air Corps reported on duty as the first commanding officer of the new field on June 25, 1933, and Captain John M. Davies' 70th Service Squadron arrived that December as the first squadron assigned to the base.
The Hamilton Field Station Complement replaced the 70th Service Squadron on March 1, 1935. The original construction program was completed on May 12, 1935, at which time the field was ceremonially handed over to Brigadier General Henry 'Hap' Arnold, commanding the First Wing, by Governor Frank Merriam of California.
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