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. Marin City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Marin City, California
About Marin City
Marin City, is an unincorporated community and census-designated place (CDP) in Marin County, California, United States. It is located 1.5 miles (2.4 km) northwest of downtown Sausalito, and about 5 miles north of San Francisco from the Golden Gate Bridge, at an elevation of 23 feet (7 m). Marin City was developed for housing starting in 1942, to accommodate war-time shipyard workers and other immigrants to California. After the war, the area became predominantly African-American, as white residents were able to move freely to private housing elsewhere in Marin. Since the 1980s, additional development has changed the makeup of the population while providing more local jobs. The population in 2010 was 2,666. Marin City's socioeconomic and racial makeup contrasts with the mostly wealthy and Caucasian populations in Marin County. In 2004 the community had high levels of poverty, crime, and recreational drug use. Marin City began to enjoy a newfound celebrity in the 1990s as the home of rapper Tupac Shakur.
Prior to World War II, the land that would become Marin City was home to a dairy farm and a handful of families. Soon after war was declared on December 8, 1941, Marin City was rapidly built during 1942 in order to house 6000 of the 20,000 workers who migrated from all over the United States, attracted by the jobs at Marinship, the Sausalito waterfront shipyard. A total of 93 liberty ships and tankers were built and launched from Marinship in less than three years.
The municipal authority for Marin City is the Marin City Community Services District (MCCSD), a multi-purpose California special district that is governed by a publicly elected five-member board of directors and is administered by a district manager and staff. As of June 2011, the District Manager is Johnathan Logan, Jr. and the Board President is Nancy Johnson.
Marin City is served by the Sausalito Marin City School District for primary grades (K-8) and the Tamalpais Union High School District for secondary grades. Grades K-6 attend either Bayside Elementary School in Sausalito or Willow Creek Academy (a public charter school), both in Sausalito. Grades 7-8 attend Martin Luther King Jr. Academy in Marin City, or Willow Creek Academy. Residents may attend Willow Creek Academy, a K-8 school in Sausalito. Beginning in the northern hemisphere fall of 2013, Bayside will close, with Willow Creek taking the former Bayside campus, making MLK a K-8. The consolidation of Bayside into MLK will be in effect in the northern hemisphere fall of 2013. Grades 9-12 attend Tamalpais High School in Mill Valley.
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