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. Atascadero Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Atascadero, California
About Atascadero
Atascadero is a city in San Luis Obispo County, California, about equidistant from San Francisco and Los Angeles on U.S. Route 101. Atascadero is farther inland than most other cities in the county, and as a result, usually experiences warmer, drier summers and cooler winters than other nearby cities such as San Luis Obispo and Pismo Beach. Nearby State Routes 41 and 46 provide easy access to the Pacific Coast and the California Central Valley.
The population was 28,310 at the 2010 census. The brainchild of mega-entrepreneur E.G. Lewis, Atascadero is the result of nearly a century of organic community evolution. It is an amalgamation of rolling hills studded with oaks; historic buildings; quaint lake park and zoo; enclaves of artists, musicians and writers; all surrounded by visitor vistas and wineries.
Edward Gardner Lewis, a successful magazine publisher from the East, founded the community of Atascadero in 1913 as a utopian, planned colony. He had previously created such a community, at University City, Missouri. After purchasing the Atascadero Ranch in 1912, Lewis put together a group of investors from across the country, paid J.H. Henry $37.50 per acre ($93/ha), and celebrated acquisition of the ranch on July 4, 1913. As investors came to homestead the land that they had bought with their down payments, the area was transformed into a "tent city" with tents situated on land now occupied by Century Plaza and Bank of America. Lewis employed the services of experts in agriculture, engineering and city planning to develop his dream colony for the anticipated 30,000 residents. In 1914 the land was surveyed and subdivided. Thousands of acres of orchards were planted, a water system was installed, and construction began on an 18 mi (29 km) road (now Highway 41 west) through the rugged Santa Lucia Mountains to the ocean (Morro Bay), where Lewis built cottages and a beachfront hotel called the Cloisters.
Founded in 1913 by Edward Gardner Lewis and incorporated in 1979, the Atascadero Colony as it was known at the time was originally envisioned as a model community. Little evidence of Atascadero's original architecture and urban design remain, as historic buildings and homes have been torn down to make way for more modern developments and the Sunken Gardens bisected by U.S. Route 101. One of the few surviving examples of original urban design can be found, however, in the Rotunda Building located near the Junior High School on Palma Avenue in the Sunken Gardens public park. Designed by Walter D. Bliss of San Francisco, construction was completed in 1918 at a cost of $180,000. It was the headquarters for the Atascadero Colony, built of reinforced concrete and locally produced brick, it had also served as a private school for boys, a veteran's memorial building, and county offices. Location: 6500 Palma Ave, Atascadero. This building was purchased by San Luis Obispo County in the 1950s as a Memorial Building. The building housed the county library, Atascadero Historical Social Museum and then the city offices following incorporation in 1979. The historic City Hall is adorned with a 40 ft (12 m) dome atop the third story, originally intended to house the library. The building was designated a California Historical Landmark. The City Hall was damaged by the magnitude 6.5 San Simeon Earthquake on the morning of December 22, 2003.
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