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. Los Banos Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Los Banos, California
About Los Banos
Los Banos is a city in Merced County, California, near the junction of State Route 152 and Interstate 5. Los Banos is located 26 miles (42 km) southwest of Merced, at an elevation of 118 feet (36 m). The population was 35,972 at the 2010 census, up from 25,869 at the 2000 census. The city is served by Los Banos Municipal Airport for air transport access.
Los Banos is located on the west side of the San Joaquin Valley in an area north of the Westlands Water District at 37°03′30″N 120°51′00″W. To the west is the San Luis Reservoir and Interstate 5, which runs north-to-south between the Bay Area and Los Angeles. Los Banos is located next to the Diablo Range, coastal range mountains and hills.
Los Banos sits on the southwestern edge of extensive national and state game refuges; wetlands that support waterfowl and other wildlife habitat along a stretch of the San Joaquin river that still carries water and the Grasslands Ecological Area, home to rare California Grasslands habitat. The San Luis National Wildlife Refuge Complex includes San Luis National Wildlife Refuge which includes the Kesterson Unit, East Bear Creek, West Bear Creek and the Blue Goose Unit. Nearby are the Merced National Wildlife Refuge and the San Joaquin River National Wildlife Refuge. Fishers, hunters, birdwatchers and other recreational users flock to Los Banos year round.
The Los Banos area was initially settled, according to Mexican land grant records, back in the 1840s. The first white settler in the area was Uriah Wood, who built his two room cabin in 1859. The original site of Los Banos was located several miles from the current town center, about a mile and half west of the railroad near present day Volta. The town was essentially a trading post and received its name when the Post Office was established and the Post Office Department designated the office "Los Banos" after the nearby creek. When the railroad arrived, Los Banos relocated to its present day site.
Los Banos has a long history of Portuguese and Spanish immigrants, as do many of the nearby towns on the west side of the San Joaquin Valley. This is reflected both in local restaurants and in several festivals and parades that take place during the year. Los Banos is locally known for its annual May Day Fair during the first week of May.
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