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. Seaside Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Seaside, California
About Seaside
Seaside (formerly East Monterey) is a city in Monterey County, California, United States, with a population of 33,025 as of the 2010 census. Seaside is located 2.25 miles (3.6 km) east-northeast of Monterey, at an elevation of 33 feet (10 m). Seaside is the home of California State University, Monterey Bay (CSUMB) and the Monterey College of Law, both located on the site of the former military base Fort Ord. It is also the home of the Bayonet and Black Horse golf courses, once also part of the Fort Ord military base, now open to the public, and host to PGA Tour events, including the 2012 PGA Professional National Championship.
The climate is a cool Mediterranean type, strongly influenced by the prevailing winds from the west, which blow over the Pacific Coast's cool ocean currents from Alaska. At the nearest National Weather Service Climate Station, in the City of Monterey at 385 feet elevation: The coldest month is January, with an average daily high of 15.5°C (60°F); the warmest month is September, with an average daily high of 22°C (71.5°F); the average daily low is 6°C (43°F) in January and 11.5°C (53°F) in September; and the average rainfall is 50 centimeters (19.7 inches) per year, with 90.3% falling during November through April. The weather can be much hotter when the winds blow from the east: Since 1906, there have been 11 days with a high of 37.8°C (100°F) or higher; all 11 days occurred in June, September, or October.
Seaside (then called East Monterey) was laid out in 1888 by Dr. J.L.D. Roberts. The Seaside post office opened in 1891. Seaside incorporated in 1954.
The 2010 United States Census reported that Seaside had a population of 33,025. The population density was 3,522.5 people per square mile (1,360.0/km²). The racial makeup of Seaside was 15,978 (48.4%) White, 2,783 (8.4%) African American, 347 (1.1%) Native American, 3,206 (9.7%) Asian, 529 (1.6%) Pacific Islander, 7,579 (22.9%) from other races, and 2,603 (7.9%) from two or more races. Hispanic or Latino of any race were 14,347 persons (43.4%).
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