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. Elk Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Elk, California
About Elk
Elk (formerly, Greenwood and Elk River) is an unincorporated community in Mendocino County, California. It is located 22 miles (35 km) south of Fort Bragg, at an elevation of 135 feet (41 m).
Elk has a population of 208. It is located on the coast at the crossroads of State Route 1 and Philo-Greenwood Road. Albion, Little River, and Mendocino lie to the north, and Manchester and Point Arena to the south. Inland are Navarro, Philo, and Boonville.
Elk was originally called "Greenwood" after early homesteaders, the Greenwood brothers, sons of mountain man Caleb Greenwood, one of the rescuers of the Donner Party. When the post office was opened, in 1887, there was already another Greenwood in California so it was called Elk Post Office. Eventually the name came to refer to the town. It is an outgrowth of an earlier town called Cuffy's Cove and the cemetery is located at that townsite 1 mile (2 km) north of Elk. When pioneer lumberman Lorenzo White was unable to reach a satisfactory deal with the owners of the lumber chutes at Cuffy's Cove to ship out his redwood product, he constructed a wharf out along a string of rocks in the center of what is now Elk. When he built a large steam sawmill and 3-foot (90-cm) gauge railroad, the new employment drained the town of Cuffy's Cove which was eventually abandoned. The sawmill was producing 80,000 board feet (200 m3) of lumber per day by 1890. The mill was sold to Goodyear Redwood Company in 1916. Elk River Company took over the sawmill when Goodyear went bankrupt in 1932. The local redwood lumber industry economy collapsed when the uninsured sawmill burned in 1936.
In the state legislature, Elk is in the 2nd Senate District, represented by Democrat Noreen Evans, and in the 1st Assembly District, represented by Democrat Wesley Chesbro.
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