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. Mammoth Lakes Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Mammoth Lakes, California
About Mammoth Lakes
Mammoth Lakes is a town in Mono County, California, the county's only incorporated community. It is located 9 miles (14 km) northwest of Mount Morrison, at an elevation of 7,880 feet (2,400 m). The population was 8,234 at the 2010 census, up from 7,093 at the 2000 census.
Mammoth Lakes resides on the edge of the Long Valley Caldera. The area around the town is geologically active, with hot springs and rhyolite domes that are less than 1000 years old.
The area has natural hot springs which are sometimes used after skiing. Other features include lakes, a soda springs, and an obsidian dome. Mammoth Lakes is north of the Owens Valley, a scenic area with extensive hiking opportunities.
The town is surrounded by mountains: on the west, Mammoth Mountain looms over the town, while to the south, the Sherwin Range dominates the view. This hilly terrain and the high altitude makes the area great for high-altitude athletic training.
The European history of Mammoth Lakes started in 1877, when four prospectors staked a claim on Mineral Hill, south of the current town, along Old Mammoth Road. In 1878, the Mammoth Mining Company was organized to mine Mineral Hill, which caused a gold rush. By the end of 1878, 1500 people settled in the mining camp called Mammoth City. By 1880, the company had shut down, and by 1888, the population declined to less than 10 people. By the early 1900s, the town of Mammoth was informally established near Mammoth Creek. The economics of the original town was based on logging and tourism. The first post office at Mammoth Lakes opened in 1923.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
