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. Delhi Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Delhi, California
About Delhi
Delhi is a census-designated place (CDP) in Merced County, California, USA. Delhi is located 18 miles (29 km) west-northwest of Merced, at an elevation of 118 feet (36 m). According to the 2010 census, the population was 10,755 up from 8,022 at the 2000 census.
Its name comes from its proximity to the Delta-Highline Canal and is pronounced /ˈdɛlhaɪ/ del-high, not like Delhi, India.
Delhi is the largest unincorporated town of Merced County. The Delhi Municipal Advisory Council advises the Merced County Board of Supervisors concerning any services which are or may be provided within the boundaries of the Delhi School District by the County or other local governmental agencies. It has its own unified school district with three K through 8th schools, (El Capitan Elementary, Schendel Elementary, and Harmony School), one high school, (Delhi Educational Park), and one continuation high school, (Shattuck Educational Park). Delhi's Harmony School opened in 2005. Delhi is in the Turlock Irrigation District, which provides farm water and electrical service. The Delhi County Water District provides drinking water and sewer service.
The Delhi post office opened in 1912, closed in 1918, and re-opened in 1920. In September 2012, President Barack Obama lent around $8.1 million to Delhi.
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