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. Stockton Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Stockton, California
About Stockton
Stockton is a city in northern San Joaquin Valley and the county seat of San Joaquin County, California, United States. It is the fourth largest city in the state's Central Valley region. With a population of 300,000 at the 2012 census, Stockton ranks as the state's 13th most populous city. It is the State's 17th largest city in terms of land mass at 64.75 sq. mi. The city is located in Northern California, south of the state capital Sacramento and north of Modesto.
Stockton is along Interstate 5, State Route 99 and State Route 4 amid the farmland of the California Central Valley. It is connected westward with San Francisco Bay by the San Joaquin River's 78-mile (126 km) channel, and is, with Sacramento, one of the state's two Inland sea ports. In and around Stockton are thousands of miles of waterways and rivers that make up the California Delta.
The city hosts the annual Asparagus Festival and is the location of Haggin Museum, an art and history museum built in Victory Park in 1931. The museum displays 19th and 20th century works of art and houses local historical exhibits. For much of the later 19th century, starting with the Gold Rush, Stockton was one of the largest cities in the state, for a while the third largest city.
Stockton has recently struggled with violent crime, reaching a record high of 71 homicides in 2012 before dropping to 23 in the first nine months of 2013. The city had also cut its police force by more than 20% during the 2008 subprime mortgage crisis, but a sales tax approved by voters on November 6, 2013 could fund an additional 120 police officers.
In recent years Stockton has also seen a series of negative national rankings in the media, including high crime and low literacy rankings.
The city was officially incorporated on July 23, 1850, by the County Court, and the first city election was held on July 31, 1850. In 1851, the City of Stockton received its charter from the State of California. Early settlers included gold seekers from Asia, Africa, Australia, Europe, the Pacific Islands, Mexico and Canada. The historical population diversity is reflected in Stockton street names, architecture, numerous ethnic festivals, and in the faces and heritage of a majority of its citizens. In 1870, the Census Bureau reported Stockton's population as 87.6% white and 10.7% Asian.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
