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. Little River Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Little River, California
About Little River
Little River (also known as Littleriver, Bells Harbor, and Kents Landing) is a small census-designated place in Mendocino County, California. It lies at an elevation of 66 feet (20 m). It is located two miles (3 km) south of the town of Mendocino and running along the Pacific Ocean coast on State Route 1. The town is home to several hundred people and takes its name from nearby Little River. The town center sits on a scenic bluff overlooking the mouth of Little River and hosts a grocery store, two gas pumps, a post office, and a restaurant within a single structure. The population was 117 at the 2010 census.
Little River is home to several boutique inns and bed & breakfasts, making it a popular tourist stop along the Pacific Coast. The Little River Area has two state parks, lots of ocean access and diverse recreational opportunities. Little River is also home to Little River Airport with its mile-long runway. The ZIP Code is 95456. The community is inside area code 707.
Little River was first settled by Lloyd and Samuel Bell, and the Moore Brothers. Shortly after, in 1856, W.H. Kent purchased the Bell tract and until 1862 the place was known as Bell’s Harbor and Kent’s Landing. In that year Ruel Stickney, Silas Coombs, and Tapping Reeves built a mill here, which provided the stimulus for the formation the town of Little River. This coastal mill town grew with the success of the mill so that eventually a schoolhouse, post house, shipyard, hotels, stores and blacksmith shops all established themselves here. Little River prospered in a similar way to many other towns on the Mendocino Coast until the nearby inland timber stands faltered. In the case of Little River, the mill closed in 1893. The loss of the mill shrunk the town and since that time it has served mainly as a tourist destination due to its beaches and Van Damme State Park, which the Little River runs through. The first road that ran through this area was the Anderson Valley and Big River Wagon Road (1966 GLO Plat). This road was likely widened and altered over the years until it was eventually added to the State Highway System.
The 2010 United States Census reported that Little River had a population of 117. The population density was 70.0 people per square mile (27.0/km²). The racial makeup of Little River was 113 (96.6%) White, 0 (0.0%) African American, 1 (0.9%) Native American, 0 (0.0%) Asian, 0 (0.0%) Pacific Islander, 0 (0.0%) from other races, and 3 (2.6%) from two or more races. Hispanic or Latino of any race were 2 persons (1.7%).
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