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. June Lake Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in June Lake, California
About June Lake
June Lake is a census-designated place in Mono County, California. It is located against the southern rim of the Mono Basin, 12.5 miles (20 km) south of Lee Vining, at an elevation of 7654 feet (2333 m).
The majority of the developed community is spread narrowly along a five-mile stretch of California State Route 158., which is also known as the June Lake Loop Road, or in the populated areas, Boulder Drive. The Mono County Community Development Department defines June Lake's planning area to encompass the entire June Lake Loop, including the section of U.S. Route 395 between the north and south junctions of the Loop Road.
The June Lake Loop is situated against the west rim of the Great Basin and Range Province, abutting the steep eastern escarpment of the Sierra Nevada. Rush Creek originates from an alpine watershed just north of the headwaters of the San Joaquin River, and south of the Tuolumne River, then flows northeast, becoming the major tributary to the great inland sea, Mono Lake.
June Lake's looped valley, often described as a horseshoe-shaped canyon, was formed by glacial action. The Rush Creek glacier split in two when it encountered the resistant rock of what is now known as Reversed Peak. The main glacier flowed toward the north creating the Rush Creek Canyon. Another glacial branch turned south and east but its flow was impeded and eventually stopped as the granitic bedrock on this southern branch created an uphill path toward the volcanic area of the Mono Craters. When the glacier receded it left behind terminal moraine material in the area now known as Oh! Ridge.
The June Lake Loop has been attracting people such as fishermen, hunters, and hikers since the 19th century. Its first inhabitants were the Paiute Indians of the Mono Basin. Although there was abundant mining activity in adjacent areas, the prospectors of the late 19th century found little of interest here. The area remained roadless, and was recognized only for its scenic and recreational value, including fishing. Then during the decline of the mining era, interest developed in the new technology of Hydroelectric Energy.
June Lake is known as a quaint resort community, with an authentic hometown atmosphere. The chief industry is tourism, with lodging and vacation rentals ranging from cottages and cabins to motels and full-service resorts. The newest addition to the town is the Double Eagle Resort and Spa. This property offers luxurious accommodations along with a pool, jacuzzi, fitness center, massage therapy, a restaurant and bar. Other places to stay include: Boulder Lodge, Gull Lake Lodge, The Haven, Four Seasons, Silver Lake Resort, Reverse Creek Lodge, Lake Front Cabins, June Lake Villager Inn, June Lake Pines Cottages, Whispering Pines, June Lake Motel, Heidelberg Inn, the Knoll Haus, Fern Creek Lodge, and Big Rock Resort. There are also Vacation Homes and Condominiums available for transient occupancy. During the fair weather months, the June Lake Loop offers RV camping at: Silver Lake Resort RV Park, Pine Cliff Resort, June Lake RV Park, Golden Pine RV Park, and Grant Lake Marina. There are also public Campgrounds on the lands of the Inyo National Forest at Oh! Ridge, June Lake, Gull Lake, Reversed Creek, and Silver Lake.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
