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 Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Merced, California
About Merced
Merced /mərˈsɛd/ is a city in, and the county seat of, Merced County, California in the San Joaquin Valley of Northern California. As of 2012, the city had a population of 80,793. Incorporated in 1889, Merced is a charter city that operates under a council-manager government. It is named after the Merced River, which flows nearby.
Merced, known as the "Gateway to Yosemite," is less than two hours by automobile from Yosemite National Park to the east and Monterey Bay, the Pacific Ocean, and several beaches to the west. The community is served by the rail passenger service Amtrak, a major airline through Merced Regional Airport, and three bus lines. It is approximately 110 miles (180 km) from Sacramento, 130 miles (210 km) from San Francisco, 45 miles (72 km) from Fresno, and 270 miles (430 km) from Los Angeles.
Merced is home to University of California, Merced. Current recreational opportunities in the city include Applegate Park and zoo, Bear and Black Rascal Creeks and their bike trails, a skate park located in Applegate, a live stage theater downtown, two first run movie theaters, The Mainzer Theater which is known for its historic and architectural value, County Courthouse Museum circa 1889, the Merced Multicultural Arts Center and the County Library. Though still growing, Merced has several shopping areas including the Merced Mall, anchored by Target, Sears, JCPenney and Kohl's, a strip mall located on the city's northwest side which includes Best Buy, Barnes & Noble, Lowe's, Wal-Mart, and several restaurants. Merced's Main Street contains several restaurants, a movie theater, and other assorted shops.
The first Merced post office opened in 1870. Merced incorporated in 1889 and now operates under the Council-Manager form of government.
Merced has wet, cool winters and hot, dry summers. Although thunderstorms may linger into the valley during the summer, they are normally dry. Average January temperatures are a maximum of 55.0°F and a minimum of 36.0°F. Average July temperatures are a maximum of 97.1°F and a minimum of 60.9°F. There are an average of 98.7 days with highs of 90°F (32°C) or higher and an average of 33.6 days with lows of 32°F (0°C) or lower. The record highest temperature of 114°F was recorded on July 24, 1902, and August 8, 1905. The record lowest temperature of 13°F was recorded on January 13, 2007.
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