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. Sausalito Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sausalito, California
About Sausalito
Sausalito is a San Francisco Bay Area city in Marin County, California, United States. Sausalito is 8 miles (13 km) south-southeast of San Rafael, at an elevation of 13 feet (4 m). The population was 7,061 as of the 2010 census. The community is situated near the northern end of the Golden Gate Bridge, and prior to the building of that bridge served as a terminus for rail, car, and ferry traffic. Developed rapidly as a shipbuilding center in World War II, the city's industrial character gave way in postwar years to a reputation as a wealthy and artistic enclave, a picturesque residential community (incorporating large numbers of houseboats), and a tourist destination. It is adjacent to, and largely bounded by, the protected spaces of the Golden Gate National Recreation Area.
Located at 37°51′33″N 122°29′07″W, Sausalito encompasses both steep, wooded hillside and shoreline tidal flats. According to the United States Census Bureau, the city has a total area of 2.2 square miles (5.7 km2). Notably, only 1.8 square miles (4.7 km2) of it is land. A full 21.54% of the city (0.5 square miles, or 1.3 km²) is under water, and has been so since its founding in 1868. Prominent geographic features associated with Sausalito include Richardson Bay and Pine Point.
When Sausalito was formally platted, it was anticipated that future development might extend the shoreline with landfill, as had been the practice in neighboring San Francisco. As a result entire streets, demarcated and given names like Pescadero, Eureka and Teutonia, remain beneath the surface of Richardson Bay. The legal, if not actual, presence of these streets has proved a contentious factor in public policy, because some houseboats float directly above them. According to the San Francisco Chronicle, "State agencies say privately owned houseboats can't be located above the underwater streets because the streets are public trust lands intended for public benefit." The California State Lands Commission is reportedly pursuing a compromise which would move not the houseboats, but the theoretical streets instead.
Sausalito has a Mediterranean climate (Köppen climate classification Csb) with far lower temperatures than expected because of its adjacency to San Francisco Bay and the resultant onshore breezes.
Sausalito was once the site of a Coast Miwok settlement known as Liwanelowa. The branch of the Coast Miwok living in this area were known as the Huimen (or as Nación de Uimen to the Spanish). Early explorers of the area described them as friendly and hospitable. According to Juan de Ayala, "To all these advantages must be added the best of all, which is that the heathen Indians of the port are so faithful in their friendship and so docile in their disposition that I was greatly pleased to receive them on board." Such placidity was likely a contributing factor to their complete displacement, which took place within the span of a few generations. As historian Jack Tracy has observed, "Their dwellings on the site of Sausalito were explored and mapped in 1907, nearly a century and a half later, by an archaeological survey. By that time, nothing was left of the culture of those who had first enjoyed the natural treasures of the bay. The life of the Coastal Miwoks had been reduced to archaeological remnants, as though thousands of years had passed since their existence."
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