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. Carmel-by-the-Sea Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Carmel-by-the-Sea, California
About Carmel-by-the-Sea
Carmel-by-the-Sea, often called simply Carmel, is a city in Monterey County, California, USA, founded in 1902 and incorporated on October 31, 1916. Situated on the Monterey Peninsula, Carmel is known for its natural scenery and rich artistic history. In 1906, the San Francisco Call devoted a full page to the "artists, poets and writers of Carmel-by-the-Sea", and in 1910 it reported that 60 percent of Carmel's houses were built by citizens who were "devoting their lives to work connected to the aesthetic arts." Early City Councils were dominated by artists, and the city has had several mayors who were poets or actors, including Herbert Heron, founder of the Forest Theater, bohemian writer and actor Perry Newberry, and actor-director Clint Eastwood, who was mayor for one term, from 1986 to 1988.
The city is known for being dog-friendly, with numerous hotels, restaurants and retail establishments admitting guests with dogs. Carmel is also known for several unusual laws, including a prohibition on wearing high-heel shoes without a permit, enacted to prevent lawsuits arising from tripping accidents caused by irregular pavement.
Carmel-by-the-Sea is located on the Pacific coast, about 330 miles (530 km) north of Los Angeles and 120 miles (190 km) south of San Francisco. As of the 2010 census, the town had a total population of 3,722, down from 4,081 at the 2000 census.
The Carmel-by-the-Sea area is permeated by Native American, early Spanish and American history (Blanks, 1965). Most scholars believe that the Esselen-speaking people were the first Native Americans to inhabit the area of Carmel, but the Ohlone people pushed them south into the mountains of Big Sur around the 6th century.
Carmel-by-the-Sea is an exceptionally dog-friendly city. Most hotels allow dogs to stay with guests. Almost all restaurants that offer outside dining allow dogs in those areas, with most of them also offering water. A few have special "doggie menus." Many retailers allow dogs to accompany their owners in their stores and many have treats available. Water bowls and dog biscuits can also be found in front of many stores. Dogs are not permitted, however in Devendorf Park (on Ocean Ave. between Junipero and Mission Streets). Dogs must be leashed, except on Carmel City Beach, where they are allowed unleashed if they are under voice command from their owners. The police department takes animal welfare seriously and officers will open cars that contain pets without adequate ventilation or water and will remove the pets and cite the owner.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
