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. Auburn Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Auburn, California
About Auburn
Auburn is the county seat of Placer County, California. Its population at the 2010 census was 13,330. Auburn is known for its California Gold Rush history, and is registered as a California Historical Landmark.
Auburn is part of the Greater Sacramento area and is home to the Auburn State Recreation Area. The park is the site of more sporting endurance events than any other place in the world, giving Auburn the undisputed and internationally acclaimed title of Endurance Capital of the World. Examples include the Western States Endurance Run; the Western States Trail Ride, also known as Tevis Cup Equestrian Ride; American River 50 Mile Endurance Run; American River 50 Mile Equestrian Ride; Way Too Cool 50 Kilometer Endurance Run; Auburn International Half-Ironman Triathlon; Auburn Century 100 Mile Bike Ride, Coolest 24 Hour Mountain Bike Race, Rio Del Lago 100 Mile Endurance Run, Sierra Nevada 50 Mile Endurance Run, and the Coolest Run: Ride & Tie.
The restored Old Town has houses and retail buildings from the middle of the 19th century. The oldest fire station and the Post Office date from the Gold Rush years. Casual gold-mining accessories, as well as American Indian and Chinese artifacts, can also be viewed by visitors at the Placer County Museum.
Auburn is home to Placer High School, which is one of the oldest high schools in California.
Auburn is situated approximately 800 vertical feet above the confluence of the North Fork and Middle Fork of the American River between Sacramento and Lake Tahoe in central California, along the Interstate 80 freeway. Mountainous wilderness canyons and the western slope of the Sierra Nevada Range lie adjacent eastward, while gentle rolling foothills well-suited for agriculture lie to the west. The crest of the Sierra Nevada lies approximately 45 miles (72 km) eastward, and the Central Valley lies approximately ten miles to the west.
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