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. San Marcos Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Marcos, California
About San Marcos
San Marcos is a suburb of San Diego in the North County section of San Diego County, California. As of the 2010 census, the city had a total population of 83,781. Outside the San Diego region, it is best known as the home of California State University, San Marcos. The city is bordered by Escondido to the east, Encinitas to the southwest, Carlsbad to the west, and Vista to the northwest.
According to historical legends, the San Luis Rey Mission flocks were robbed by a small band of Indians in the late 18th century. Fleeing the Spanish troops, the Indians escaped to the hills. While pursuing the Indians, the Spaniards came upon a fertile valley in 1797 which was named Los Vallecitos de San Marcos (Little Valleys of Saint Mark) to honor the day of discovery: April 25, St. Mark’s Day. On April 22, 1840, Governor Juan B. Alvarado granted Rancho Vallecitos de San Marcos to his relative, Jose María Alvarado. Jose Alvarado was killed at the Pauma Massacre in 1846, and the land was left to his wife; she then sold the land to Lorenzo Soto. In the late 1850s, Soto sold part of his land to Cave Couts and his family was soon raising livestock. Although Cave Couts owned the land, Major Gustavus French Merriam from Topeka, Kansas made the first permanent settlement. Merriam homesteaded 160 acres (0.65 km2) in the north Twin Oaks Valley and began wine and honey production.
After Major Merriam’s settlement, German and Dutch immigrants began moving into the area in the early 1880s. Then in 1883 a few miles south of the settlement, John H. Barham founded the first town in the area. By 1884, the town of Barham had a post office, blacksmith, feed store and a weekly newspaper. In 1887, the San Marcos Land Company bought almost all of the San Marcos land formerly owned by the Couts family and promptly divided the land into tracts. Soon the beautiful hills began attracting home-seekers.
The original town of San Marcos was at the intersection of what is now Grand Avenue and Rancho Santa Fe Road. In 1887, the Santa Fe Railroad announced that it was going to lay tracks going through the valley, but to the disappointment of the citizens, the tracks were laid one mile (1.6 km) away from the center of the town. By 1896, San Marcos was a community with its own stores, post office, blacksmith and railroad depot. In 1903, the town appeared to be going downhill, so the people of San Marcos picked up their homes and moved along the railroad tracks to what now are Mission Road and Pico Avenue. By 1905, the town had every convenience, including rural mail delivery and telephone service. The first school in the area, which had started in Barham in 1880, was moved in 1889 to San Marcos. Later that same year, the Richland School was built, being the second school in San Marcos. The main business in San Marcos in the 19th and early 20th centuries was farming. In the mid-20th century, dairies and poultry production became a big part of the business in the town.
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