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. Yosemite West Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Yosemite West, California



About Yosemite West
Yosemite West (pronounced "Yo-SEM-it-tee") is an unincorporated private community of resort homes located just outside of the southern area of Yosemite National Park just off Wawona Road, a continuation of State Route 41 from Fresno. It is situated one mile (1.6 km) south of the Chinquapin intersection of Wawona Road with the Glacier Point Road at an altitude of 5,100–6,300 ft (1,550–1,900 m). The elevation reported by the USGS is 5866 feet (1788 m). The GPS coordinates are N 37° 38.938’ W 119° 43.310’. Although appearing to be very near to the community of El Portal this community is part of Henness Ridge, towering nearly 3,000 feet (900 m) above the southern banks of the Merced River and the State Route 140 from Mariposa. Therefore, there is no direct access to Yosemite West from HWY 140. To get to Yosemite West from this direction, you need to enter the park through the Arch Rock entrance along Hwy 140 from Merced. This stretch of HWY 140, also known as El Portal Road, connects with the Wawona Road in the Yosemite Valley ( Bridalveil Falls) where you continue south to the entrance to Yosemite West.
As part of Mariposa County, Yosemite West is a subdivision of 294 lots on approximately 120 acres (49 ha), complete with underground utilities and paved roads. To date there are 173 developed lots with houses, including two condominium buildings with a total of 48 units. It is surrounded on three sides by Yosemite National Park and Sierra National Forest.
Occupation of the Yosemite West area did not begin, however with the subdivision that opened in 1967. It began many centuries earlier with the North American Indian Tribes of the Sierra. Before the advent of the white man, Indians used Yosemite West as their camp ground and hunting area. Even today a search for the obsidian chips used as arrowheads can provide an interesting days outing in Yosemite West.
Yosemite West is a community of more than 151 private residences and resort homes which can be accessed from HWY41 via Henness Ridge Road, approximately seventeen miles (27 km) inside the South Entrance of the Park. In addition, located high on top of Yosemite West at an elevation of 6,200 feet, there is a 48 unit condominium complex. Most condos are available for daily rental to guests of Yosemite National Park, while others are private vacation residences.
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