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. Sleepy Hollow Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sleepy Hollow, California
About Sleepy Hollow
Sleepy Hollow is a census-designated place in Marin County, California. It is located 7 miles (11 km) south of downtown Novato, at an elevation of 177 feet (54 m). Its population as of the 2010 census is 2,384.
Sleepy Hollow is located near San Anselmo, California, located outside the northern town limits. The Terra Linda district of San Rafael lies to the east. Butterfield Road is Sleepy Hollow's main street, which can be accessed from Sir Francis Drake Boulevard, a major east-west road in Marin County. The community is in ZIP code 94960 and area code 415.
In 1838, Domingo Sais received a land grant from General Mariano Vallejo known as Canada de Herrera, which consisted of 6,659 acres covering what is now Sleepy Hollow, Fairfax and segments of San Anselmo. In the 1850s, Sais leased the majority of the land that is now Sleepy Hollow to Harvey Butterfield. Butterfield started a dairy farm on the land and the long, winding 2-mile trail that is still to this day the only way in and out of the inclusive community, became known as "Butterfield\'s Road." The next person to acquire the land was a man named Peter Austin who was responsible for planting the multitude of poplar and eucalyptus trees that now line the road. Due to foreclosure, Austin was forced to sell the land to the Hotaling\'s, a wealthy family from San Francisco. The Hotaling\'s built a lavish mansion at the end of the 2-mile road, and named it "Sleepy Hollow", in honor of their favorite author and friend, Washington Irving\'s famous ghost tale. The Hotaling\'s would throw many elaborate parties for hundreds of guests, but soon left the mansion and returned to San Francisco. The next owner of the mansion was Sigmund Herzog who founded a dairy farm on the property. Later a Chicago syndicate bought the land and attempted to create a luxury hotel complete with golf course, pool, and private man-made lake, but this idea quickly fell through due to the stock market crash prior to The Great Depression.
In the 1930s, Sleepy Hollow boasted the western United States\' only "play as you go" 18-hole golf course that became the second largest in the country. In 1939, the land was given to the U.S. Army in order to secretly store ammunition for WWII until the war was over. In 1946, A.G. Raisch bought the mansion and an additional 500 acres. Following the tradition, Raisch threw many luxurious parties for hundreds of guests. He eventually left the estate and it remained unoccupied for several years until it spontaneously caught on fire. The majority of the house burned down, leaving only a wall and a set of steps that still stand today.
Sleepy Hollow became a residential area due to the opening of a real estate company shortly after WWII. In 1966 the Dominican Order of the Catholic Church bought the "Sleepy Hollow" mansion and opened the San Domenico School for Girls. Presently, San Domenico School is a private, co-ed K-8 day school, with a girls high school for day and boarding students.
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