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. San Anselmo Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Anselmo, California
About San Anselmo
San Anselmo is an incorporated town in Marin County, California, in the western United States. San Anselmo is located 1.5 miles (2.4 km) west of San Rafael, at an elevation of 46 feet (14 m). It is located about 20 miles (32 km) north of San Francisco. Neighboring towns include San Rafael to the east, Fairfax to the west, and Ross to the south. Mount Tamalpais dominates the view to the south. The population was 12,336 at the 2010 census.
The land in and around San Anselmo was mostly pastoral until 1874, when the North Pacific Coast Railroad (NPC) added to its line a spur track from San Anselmo to San Rafael. In 1875, the railroad completed a line from Sausalito to Tomales and north to Cazadero via San Anselmo. For a few years, the town was referred to on railroad maps as "Junction", but in 1883 the name San Anselmo came back into use. The San Anselmo post office opened in 1892. Two postal substations were operated: Lansdale, from 1924 to 1962, and Yolanda, from 1924 to 1954.
San Anselmo incorporated on April 9, 1907. Its name came from the Punta de Quintin land grant, which marked the valley as the Canada del Anselmo, or Valley of Anselm, Anselm being the name of a Native American who was buried in the area. San Anselmo was a silent film capital in the early 1900s. On March 12, 1974, San Anselmo officially became a town.
There are three main roads running through San Anselmo. Their junction is known locally as the Hub, which lies near the central business district. Sir Francis Drake Boulevard runs north from Ross, turns north-west at the Hub, and then proceeds west to Fairfax. Red Hill Avenue (also called "The Miracle Mile") runs west from San Rafael, after 4th Street and 3rd Street merge, and into the Hub where it becomes Center Boulevard. Center Boulevard runs north-west from the Hub to Fairfax and Sir Francis Drake parallels Center Boulevard to Fairfax, offset to the north.
A large part of southern and western San Anselmo is built on a natural flood plain. About every 15–23 years, heavy rains cause the San Anselmo creek to flood the center of town by up to 4 feet - 1925, 1940 (11.38" rainfall in 3 days), 1963, January 1982, as well as December 30/31, 2005. The worst flood, on Jan 2, 1982 (the highest creek water level, according to interviews with longtime creek side residents) was preceded by a rainfall amount that exceeded 8" in 12 hours.
San Anselmo's historic raised railroad bed (now Center Boulevard), acts as a dike, providing some flood protection to the west side houses, upstream of the business district.
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