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. Ukiah Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Ukiah, California
About Ukiah
Ukiah (/juːˈkaɪ.ə/ yew-ky-ə; formerly, Ukiah City) is the county seat and largest city of Mendocino County, California. With its accessible location (along the U.S. Route 101 corridor several miles south of CA 20), Ukiah serves as the city center for Mendocino County and much of neighboring Lake County. In 1996, Ukiah was ranked the #1 best small town to live in California and the sixth-best place to live in the United States.The population was 16,075 at the 2010 census.
Ukiah has a temperate Mediterranean climate. Average rainfall for the area is 36.96 in (939 mm) per year. Measurable precipitation occurs on an average of 82.1 days per year. The greatest monthly precipitation was 24.76 in (628.9 mm) in January 1995 and the greatest 24-hour precipitation was 6.18 in (157.0 mm) on December 22, 1964. Light snowfall occurs about every other year. The greatest recorded snowfall was 1.5 in (3.8 cm) on March 2, 1976.
When Ukiah was founded by S. Lowry in 1856,it was part of Sonoma County. When the state legislature created Mendocino County in 1859, Ukiah was chosen as the county seat.
Ukiah is located within Rancho Yokaya, one of several Spanish land grants in Alta California. The Yokaya grant that makes up the majority of the Ukiah valley took its name from the Pomo word meaning "south valley". It was also the basis for the city name, as Ukiah was an anglicized form of Yokaya.
Ukiah is known for wine production. The Ukiah vicinity is now home to some very large production wineries, including Brutocao, Fife, Parducci, Frey, and Bonterra. Ukiah vintners are known for innovating with organic and sustainable practices.
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