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. Lodi Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Lodi, California
About Lodi
Lodi /ˈloʊdaɪ/ is a city located in San Joaquin County, California, in the northern portion of California's Central Valley. The population was 62,134 at the 2010 census. The California Department of Finance's population estimate as of January 1, 2011 is 62,473.
Lodi is best known for being the center of wine production (the "Zinfandel Capital of the World"), although its vintages have traditionally been less prestigious than those of Sonoma and Napa counties. However, in recent years, the Lodi Appellation has become increasingly respected for its Zinfandel wine and other eclectic varietals. National recognition came from the Creedence Clearwater Revival song "Lodi." Nearby Woodbridge is the home of the well known winery, Woodbridge by Robert Mondavi. Mondavi grew up in Lodi, and Mondavi Winery is considered[by whom?] one of the most influential in the American wine industry.
Initially called Mokelumne and Mokelumne Station after the nearby river, confusion with other nearby towns prompted a name change, which was officially endorsed in Sacramento by an assembly bill. Several stories have been offered as to the origins of the town's new name. One refers to a locally stabled trotting horse that had set a four mile (6 km) record, but as the horse reached the peak of its fame in 1869, it is unlikely that the notoriety would have still been evident in 1873. Alternatively, Lodi is a city in northern Italy where Napoleon defeated the Austrians in 1796 and won his first military victory. More than likely, some of the earliest settler families were from Lodi, Illinois, and they chose to use the same name as their hometown.
In 1906, the city was officially incorporated by voters, passing 2 to 1. The fire department was established in 1911, and the city purchased the Bay City Gas and Water Works in 1919. Additional public buildings constructed during this period include the Lodi Opera House in 1905, a Carnegie library in 1909, and a hospital in 1915.
There has long been a movement in the area to preserve a "greenbelt" as a buffer zone between Lodi and Stockton in order to keep the two cities separate.
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