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. Inverness Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Inverness, California
About Inverness
Inverness is an unincorporated community and census-designated place (CDP) located in western Marin County, California. Inverness is located on the southwest shore of Tomales Bay 3.5 miles (5.6 km) northwest of Point Reyes Station, at an elevation of 43 feet (13 m). In the 2010 census, the population was 1,304. The community is named after Inverness in Scotland by a Scots landowner.
Inverness is located on the west shore of Tomales Bay, which runs southeast along the line of the San Andreas Fault. Surrounded by Point Reyes National Seashore, it is primarily a residential community, with little industry other than tourism. It has a small downtown area with a general store, post office, library, two restaurants, one gift shop and a coffee shop. A third restaurant is located a short way north of downtown. There are also a number of hotels and inns spread throughout the town.
The town is a 15 miles or so from Drake's Bay on the Pacific Ocean, named after Sir Francis Drake, who explored the coast in the 16th Century. Although Drake's official log was lost, the ship's doctor's log described landing in an area that reminded him of the White Cliffs of Dover. Drake's Bay is backed by similar-looking cliffs, leading many to believe this is where the ship landed.
The region became the property of James Shafter, who began to develop the property in the 1890s. It became a summer resort where people from San Francisco and Oakland came to camp, hike and swim in Tomales Bay. Many built small summer cabins that still exist today. Small steamboats took day trippers down the bay to secluded beaches. They left from Brock Schreiber's boathouse, which has been preserved and is a prominent local landmark with its prominent sign "Launch for Hire".
Inverness is spread out along approximately 2 miles (3.2 km) of the western shore and valleys of Tomales Bay on the Point Reyes Peninsula, it provides services to visitors to the Point Reyes National Seashore and Tomales Bay State Park.
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