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. Mono County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Mono County, California
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About Mono County
Mono County /ˈmoʊnoʊ/ is a county located in the east central portion of the U.S. state of California, to the east of the Sierra Nevada between Yosemite National Park and Nevada. As of the 2010 census, the population was 14,202, up from 12,853 at the 2000 census. The county seat is Bridgeport.
The only incorporated town in the county is Mammoth Lakes, which is located at the foot of Mammoth Mountain. Other locations, such as June Lake, are also famous as skiing and fishing resorts. Located in the middle of the county is Mono Lake, a vital habitat for millions of migratory and nesting birds. The lake is located in a wild natural setting, with pinnacles of tufa arising out of the salty and alkaline lake.
Mono County was formed in 1861 from parts of Calaveras County, Fresno County and Mariposa County. Parts of the county's territory were given to Inyo County in 1866.
The county is named after Mono Lake which, in 1852, was named for a Native American Paiute tribe, the Mono people, that inhabited the Sierra Nevada from north of Mono Lake to Owens Lake. The tribe's western neighbors, the Yokuts, called them monachie meaning "fly people" because fly larvae was their chief food staple and trading article. Archeologists know almost nothing about the first inhabitants of the county, but the Kuzedika had been there many generations by the time the first anglophones arrived. The Kuzedikas were hunter-gatherers and their language is a part of the Shoshone language.
Mono used to be a Republican-leaning county in Presidential and congressional elections but has become more of a swing county in recent elections, going for John Kerry by an extremely slim margin of seven votes in 2004. In 2008, Barack Obama did substantially better, receiving 739 more votes (a 13.3% margin) than Republican candidate John McCain. Prior to 2004, the last Democrat to win a majority in the county was Franklin Roosevelt in 1940.
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