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. Manteca Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Manteca, California
About Manteca
Manteca (from Spanish, Lard) is a city in San Joaquin County, California. As of the 2010 census, the city's population was 67,096.
Manteca is a city in the Central Valley of California, 76 miles east of San Francisco. It was founded in 1861 by Joshua Cowell. Cowell claimed around 1,000 acres (4.0 km2) and built houses on what is now the corner of Main and Yosemite, where Bank of America now stands. In 1873, the Central Pacific Railroad laid track directly through the area. The residents wanted to refer to their new train station as "Cowell Station", but there was already a Cowell Station near Tracy. So, the residents agreed to change the name of the community, choosing "Monteca" as the new name. This was misprinted as "Manteca" (Spanish for lard) by the railroad, and the misspelled version was eventually accepted as the name of the town. Hence in 1918, Manteca was incorporated as a city and Joshua Cowell became its first mayor.
Manteca fashions itself the "Family City", and it lies at a crossroads of major highways and railroads. As recently as the 1970s Manteca existed primarily on agriculture, and was still barely a stop between two freeways, Interstate 5 and State Route 99. The continuing rise in bay area housing prices caused Bay Area residents to look further eastward for cheaper places to live. Since the construction of the 120 bypass portion of State Route 120, Manteca has become a popular choice for these commuters. The 1990s saw an increase in the city's population, and the construction of its third high school, the first two being Manteca High School and East Union High School. The population of Manteca continues to increase, with some housing being constructed on what was once farmland to the north and southeast.
Manteca is the home base for the Not Forgotten Memorial Day Event, the largest commemoration for veterans on the American West Coast. The event is held the Sunday before Memorial Day every year. The event draws over 20,000 people in attendance.
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