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



About Fort Bragg
Fort Bragg is a city located in coastal Mendocino County, California along State Route 1, the major north-south highway along the Pacific Coast. Fort Bragg is located 24 miles (39 km) west of Willits, at an elevation of 85 feet (26 m).
Fort Bragg, listed as a California Historical Landmark, was founded prior to the American Civil War as a military garrison rather than a fortification. Fort Bragg is now a popular tourist destination due to its picturesque views of the Pacific Ocean and rugged Northern California coastline. The population was 7,273 at the 2010 census.
In prehistoric days, the area now known as Fort Bragg was home to the Native American Indians, most of whom belonged to the Pomo tribe. They were hunter-gatherers who lived along the northern coast of California.
Due to Fort Bragg's proximity to the Pacific Ocean, the city has very mild weather throughout the year. Most of the rainfall occurs from November to April with some occasional drizzle or light showers during the summer. Fog and low overcast are common, especially during the night and early morning hours.
Fort Bragg is the western terminus of the California Western Railroad (otherwise known locally as the "Skunk Train", Steam passenger service was started in 1904, extended to the town of Willits in 1911, running through the Coast Redwood forests to the city of Willits, 40 miles (64 km) inland. Started in 1885 as a rail route for moving large logs to the mills, the Skunk Train now offers scenic tours through the redwoods. In 1925 self-powered, yellow "Skunk" rail cars were inaugurated. The little trains were quickly nicknamed for their original gas engines, which prompted folks to say, "You can smell \'em before you can see \'em." In 1965 the line reintroduced summer steam passenger service between Fort Bragg and Willits with Baldwin-built steam locomotive No.45, calling the colorful train "The Super Skunk". That train was discontinued in 2001, then revived in September 2006. No.45 continues to power excursion trains from Fort Bragg as far as Northspur, the CWR's midpoint, on selected weekends summer to early autumn.
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