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 Francisco County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Francisco County, California
About San Francisco
San Francisco Listeni/sæn frənˈsɪskoʊ/, officially the City and County of San Francisco, is the leading financial and cultural center of Northern California and the San Francisco Bay Area.
The only consolidated city-county in California, San Francisco encompasses a land area of about 46.9 square miles (121 km2) on the northern end of the San Francisco Peninsula, giving it a density of about 17,620 people per square mile (6,803 people per km2). It is the most densely settled large city (population greater than 200,000) in the state of California and the second-most densely populated major city in the United States after New York. San Francisco is the fourth most populous city in California, after Los Angeles, San Diego and San Jose, and the 14th most populous city in the United States—with a Census-estimated 2012 population of 825,863. The city is also the financial and cultural hub of the larger San Jose-San Francisco-Oakland metropolitan area, with a population of 8.4 million.
San Francisco (Spanish for "Saint Francis") was founded on June 29, 1776, when colonists from Spain established a fort at the Golden Gate and a mission named for St. Francis of Assisi a few miles away. The California Gold Rush of 1849 brought rapid growth, making it the largest city on the West Coast at the time. Due to the growth of its population, San Francisco became a consolidated city-county in 1856. After three-quarters of the city was destroyed by the 1906 earthquake and fire, San Francisco was quickly rebuilt, hosting the Panama-Pacific International Exposition nine years later. During World War II, San Francisco was the port of embarkation for service members shipping out to the Pacific Theater. After the war, the confluence of returning servicemen, massive immigration, liberalizing attitudes, and other factors led to the Summer of Love and the gay rights movement, cementing San Francisco as a center of liberal activism in the United States.
Today, San Francisco is ranked 44th of the top tourist destinations in the world, and was the sixth most visited one in the United States in 2011. The city is renowned for its cool summers, fog, steep rolling hills, eclectic mix of architecture, and landmarks including the Golden Gate Bridge, cable cars, the former prison on Alcatraz Island, and its Chinatown district. It is also a primary banking and finance center.
San Francisco is located on the West Coast of the United States at the north end of the San Francisco Peninsula and includes significant stretches of the Pacific Ocean and San Francisco Bay within its boundaries. Several picturesque islands—Alcatraz, Treasure Island and the adjacent Yerba Buena Island, and small portions of Alameda Island, Red Rock Island, and Angel Island—are part of the city. Also included are the uninhabited Farallon Islands, 27 miles (43 km) offshore in the Pacific Ocean. The mainland within the city limits roughly forms a "seven-by-seven-mile square," a common local colloquialism referring to the city's shape, though its total area, including water, is nearly 232 square miles (600 km2).
San Francisco is famous for its hills. There are more than 50 hills within city limits. Some neighborhoods are named after the hill on which they are situated, including Nob Hill, Potrero Hill, and Russian Hill. Near the geographic center of the city, southwest of the downtown area, are a series of less densely populated hills. Twin Peaks, a pair of hills forming one of the city's highest points, forms a popular overlook spot. San Francisco's tallest hill, Mount Davidson, is 925 feet (282 m) high and is capped with a 103-foot (31 m) tall cross built in 1934. Dominating this area is Sutro Tower, a large red and white radio and television transmission tower.
San Francisco's shoreline has grown beyond its natural limits. Entire neighborhoods such as the Marina, Mission Bay, and Hunters Point, as well as large sections of the Embarcadero, sit on areas of landfill. Treasure Island was constructed from material dredged from the bay as well as material resulting from tunneling through Yerba Buena Island during the construction of the Bay Bridge. Such land tends to be unstable during earthquakes. The resulting liquefaction causes extensive damage to property built upon it, as was evidenced in the Marina district during the 1989 Loma Prieta earthquake. Most of the city's natural watercourses, such as Islais Creek and Mission Creek, have been culverted and built over, although the Public Utilities Commission is studying proposals to daylight or restore some creeks.
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