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. Barstow Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Barstow, California
About Barstow
Barstow is a city in San Bernardino County, California, United States. The population was 22,639 at the 2010 census. Barstow is located 55 miles (89 km) north of San Bernardino.
Barstow is a major transportation center for the Inland Empire. Several major highways including Interstate 15, Interstate 40, and CA Highway 58 converge in the city. It is the site of a large rail classification yard, belonging to the BNSF Railway. The Union Pacific Railroad also runs through town on track age rights on BNSF's main line to Daggett 10 miles (16 km) east, where it heads to Salt Lake City, then the BNSF heads to Chicago. It is about 62 miles (100 km) to Baker, California and 111 miles (179 km) to Prim, Nevada. Barstow is almost exactly midway between Los Angeles, California 130 miles (210 km) and Las Vegas, Nevada 125 miles (201 km) northeast).
Barstow is home to Marine Corps Logistics Base Barstow and is the closest city to Fort Irwin Military Reservation.
The settlement of Barstow began in the late 1840s in the Mormon Corridor. Every fall and winter, as the weather cooled, the rain produced new grass growth and replenished the water sources in the Mojave Desert. People, goods and animal herds would move from New Mexico and Utah to Los Angeles, along the Old Spanish Trail from Santa Fe, or from Salt Lake City along the Salt Lake Road. Trains of freight wagons traveled back to Salt Lake City and other points in the interior. These travelers followed the course of the Mojave River past the site of Barstow. In 1859, the Mojave Road followed a similar route to Fort Mojave and eastward on the Beale Wagon Road across northern New Mexico Territory to Santa Fe.
Indian troubles with the Paiute, Mojave and Chemehuevi tribes followed and from 1860 Camp Cady, a U.S. Army post 20 miles (32 km) east of Barstow, was occupied sporadically until 1864, then permanently, by soldiers occupying other posts or patrolling in the region until 1871.
Barstow's roots also lie in the rich mining history of the Mojave Desert following the discovery of gold and silver in the Owens Valley and in mountains to the east in the 1860s and 1870s. Due to the influx of miners arriving in Calico and Daggett, railroads were constructed to transport goods and people. The Southern Pacific built a line from Mojave, California through Barstow to Needles in 1883. In 1884, ownership of the line from Needles to Mojave was transferred to the Santa Fe Railroad. Paving the major highways through Barstow led to further development of the city. Much of its economy depends on transportation. Before the advent of the interstate highway system, Barstow was an important stop on both Routes 66 and 91. The two routes met in downtown Barstow and continued west together to Los Angeles.
Barstow is named after William Barstow Strong, former president of the Atchison, Topeka and Santa Fe Railway. Some early Barstow names were Camp Sugarloaf, Grapevine, and Waterman Junction.
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