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. Mariposa Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Mariposa, California
About Mariposa
Mariposa (formerly Aqua Fria) is a census-designated place (CDP) in and the county seat of Mariposa County, California, United States. The population was 2,173 at the 2010 census, up from 1,373 at the 2000 census. Its name is Spanish for "butterfly", after the flocks of Monarchs seen overwintering there by early explorers.
Mariposa County includes much of Yosemite National Park, and a good deal of the local economy is related to the Park and to tourism. The county courthouse, constructed in 1854, is the oldest in continuous use west of the Rockies. Tours are available.
The county lies at the southern end of the Mother Lode, and Europeans were attracted to Mariposa by gold. During the 19th century California Gold Rush, its streams were panned and deep mines worked the underground veins. At one time John C. Frémont lived here and owned claims to much of the mineral wealth of Mariposa. He later was the first United States Senator from the state, and the first Republican candidate for President.
The town was founded as a mining camp on the banks of a seasonal stream known as Aqua Fria . This original town site was located about 6.0 miles (9.7 km) to the west of present day Mariposa. After a flood during the winter of 1849/50, and fires, the town was moved to the location of todays Mariposa, although mainly due to better terrain and the presence of Mariposa creek, a large producer of placer gold. The gold in small Aqua Fria creek was soon removed, and lacked water most of the year. So the populace moved on to the new boomtown. The large Mariposa mine soon opened, with a 40 foot waterwheel crushing gold ore. This provided a stable source of employment, and Mariposa soon became the supply hub for hundreds of outlying mining districts. Placer gold, that which is found in creekbeds and alluvial deposits, was soon extinguished, and the era of hard rock, deep mining began. In 1851 the "new" town of Mariposa became the county seat, which reached nearly to Los Angeles. By 1854 Mariposa had a grand courthouse which is still in operation. Some refer to the lumber being cut from an area to the east of town know as "logtown" but no maps or certifiable sources can attest to the existence of Logtown. Most likely the lumber for the courthouse was milled in Midpines, where there was an unusual abundance of sugar pine trees.
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