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. Cressey Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Cressey, California
About Cressey
Cressey (formerly, Cressy) is a census-designated place in Merced County, California.It is located 6 miles (9.7 km) north-northwest of Atwater, at an elevation of 167 feet (51 m). The population was 394 at the 2010 census.
Cressey is located in the northern part of Merced County. It is just east of where the Santa Fe railroad crosses the Merced River. Ballico is across the river to the northwest. Livingston is to the southwest, and Winton is southeast of Cressey. The ZIP Code is 95312. The area is inside area code 209.
The Cressy post office opened in 1882, closed in 1883, re-opened in 1909, and changed its name to Cressey in 1912. The town was named by the Atchison, Topeka and Santa Fe Railway for Calvin J. Cressey, local landowner. Cressey has one Postal Office, located on Cressey Way. The Old Post Office was located behind the Cressey General Store, on Third St. Cressey has one active General Store, located on the corner of Santa Fe Dr. and Third St. In the past, the Cressey Store had two Gasoline Pumps; then was reduced to one. Then after, all were taken out of service and removed. Cressey has one County-Owned Park located on Cressey Way, just West of the Ward Canal, but it's said to be maintained by a few citizens and the Cal-Fire Firefighter Volunteers. Cressey was also said to have one church (but later turned into a private home) on the corner of Crocker Ave and Third St. It was also said that Cressey had a Hotel near the RailRoad (Santa Fe) but has not been confirmed. Cressey had an Old "one-lane" iron suspension bridge (similar to the Historic Shaffer Bridge), that was off of Meadow Dr, that went over the Merced River. That bridge was a "cut-off" or an alternate way to Ballico, CA; that went onto Alves Rd. The bridge was later demolished for an unspecific reason. Cressey is Patrolled by the Merced County Sheriffs Office. Cressey has one Elementary School (Ballico-Cressey School District, K-3), and has had many changes to its playground structures (some to had been eliminated because of safety precautions) and has had a few buildings since its existence. At the school Baseball field (with four fully operating "stadium-like" lights) that the school grounds had, but were later taken out for an unknown reason. Cressey locals are very familiar with the term "River Rats". Although, the name has no real identity, nor one can say where the origin really came from, "REAL", "TRUE", Cressey citizens have embraced it and can state that Cressey has been known as that, the towns' "mascot" in the past (possibly still now) for that reason.
According to the United States Census Bureau, the CDP covers an area of 1.8 square miles (4.6 km²), all of it land. To the North of Cressey, beyond the Merced River, it's considered Ballico, Ca. To the South of Cressey, Palm Ave and Beyond, it's considered Winton, Ca. To the West of Cressey, over the Santa Fe Rail Road and beyond, it's considered Livingston, Ca. To the East of Cressey, off of Cressey Way onto Meadow Dr and beyond, it's considered Winton, Ca as well.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
