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. Bear Valley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Bear Valley, California
About Bear Valley
Bear Valley (formerly Haydenville, Biddle's Camp, Biddleville, Simpsonville, and Johnsonville) is a census-designated place in Mariposa County, California. It is located 10.5 miles (17 km) south-southeast of Coulterville, at an elevation of 2054 feet (626 m). Bear Valley was designated California Historical Landmark #331. The population was 125 at the 2010 census.
The place was originally called Haydenville in honor of David, Charles, and William Hayden, gold miners. The place later bore the names Biddle's Camp and Biddleville in honor of William C. Biddle. It later was named Simpsonville in honor of Robert Simpson, local merchant. The name Johnsonville honored John F. Johnson. The name became Bear Valley in 1858.
The Haydenville post office opened before January 21, 1851 and closed in 1852. The Bear Valley post office operated from 1858 to 1912, from 1914 to 1919, and from 1933 to 1955.
At its peak, Bear Valley had a population of 3,000. During 1850-60 when Frémont's Pine Tree and Josephine Mines were producing, Frémont built an elegant hotel, Oso House; the structure, like many in the area, burned in the late 19th century. Frémont lived and worked in the city, and his large home was nicknamed the Little White House, coincidentally built two years after he was the first Republican Party candidate for US President; the home burned in 1866.
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