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. Modoc County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Modoc County, California
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About Modoc County
Modoc County is a county located in the far northeast corner of the U.S. state of California, bounded by the state of Oregon to the north and the state of Nevada to the east. As of the 2010 census, its population was 9,686, up from 9,449 at the 2000 census. The current county seat is Alturas, the county's only incorporated city. Previous county seats include Lake City and Centerville; the latter is now a ghost town. The county's official slogans include, "The last best place," and "Where the West still lives."
A large portion of Modoc County is federal land. Several federal agencies, including the United States Forest Service, Bureau of Land Management, National Park Service, Bureau of Indian Affairs, and the United States Fish and Wildlife Service, have employees assigned to the area, and their operations are a significant part of the economy and services in this rural area.
Modoc County is the only county in California to be bordered by both Nevada and Oregon, and is also one of three counties in California to border more than one state (the other counties being San Bernardino County, bordered by Nevada and Arizona; and Imperial County which borders Arizona and Baja California in Mexico). In California, this is the only almost rectangular county; there is a slight deviation around the Tule Lake National Wildlife Refuge.
Prior to the arrival of Europeans in the region, varying cultures of Native Americans inhabited the county for thousands of years. At the time of European encounter, the Modoc people lived in what is now northern California, near Lost River and Tule Lake. The county was named after them. The Achumawi (or Pitt River Indians, for which the Pit River is named), and the Paiute also lived in the area. To the north were the Klamath in present-day Oregon.
Modoc County was formed when Governor Newton Booth signed an Act of the California Legislature on February 17, 1874 after residents of the Surprise Valley region lobbied for the creation of a new county from eastern Siskiyou County land. The county residents considered naming the newly formed county after General Edward Canby, who had been killed the year before at peace talks in an ambush by Modoc. The idea of naming the county "Summit" was also considered, but the populace eventually settled on "Modoc"; the war was over and 153 of Captain Jack's band had been transported to Indian Territory as prisoners.
The county is very diverse geographically. The northwestern edge of the county is dominated by the Medicine Lake Highlands, the largest shield volcano on the U.S. West Coast. The Lava Beds National Monument lies partly within the northwest corner of the County. Also along the western edge of the county is the massive Glass Mountain lava flow. The southwestern corner of the county is a unique ecosystem of isolated hardwoods (oaks) and volcanic mountains with intermountain river valleys.
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