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. Merced County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Merced County, California
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About Merced County
Merced County (/mərˈsɛd/ mər-sed), is a county located in the Central Valley of the U.S. state of California, north of Fresno and southeast of San Jose. As of the 2010 census, the population was 255,793, up from 210,554 at the 2000 census. The county seat is Merced. The county is named after the Merced River.
The county derives its name from the Merced River, or El Río de Nuestra Señora de la Merced (River of Our Lady of Mercy); named in 1806 by an expedition, headed by Gabriel Moraga, which came upon it at the end of a hot dusty ride.
Between 1841 and 1844, during the era when California was a province of independent Mexico, four Mexican grants were made in what became Merced County: Orestimba, Panoche de San Juan y Los Carrisalitos, San Luis Gonzaga and Sanjon de Santa Rita.
Merced County was formed in 1855 from parts of Mariposa County. Parts of its territory were given to Fresno County in 1856.
Previously reliably Democratic, Merced is now considered a bellwether county. It has voted for the winning candidate for president in every election since 1972. The last Democrat to win a majority in the county was Barack Obama in 2008 and the last Republican was George W. Bush in 2004. This shift in favour of the Republican Party is a rarity given Californian politics' almost universal shift towards the Democratic Party in recent years. Since the opening of UC Merced, Merced County has tended to lean Democrat, with an overwhelming student population favoring the Democratic Party.
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