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. Morro Bay Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Morro Bay, California
About Morro Bay
Morro Bay is a waterfront city in San Luis Obispo County, California, United States. As of the 2010 census, the city population was 10,234, down from 10,350 at the 2000 census.
Morro Rock was named in 1542 by Portuguese navigator Juan Rodríguez Cabrillo, who explored the Pacific Coast for Spain. Cabrillo called the rock El Moro because it resembled the head of a Moor, the people from North Africa known for the turbans they wore. However, the dictionary definition for the Spanish word "morro" ("snout or muzzle") is also consistent with the shape of the rock, and so the term morro is frequently used wherever such a distinctive rock-like mountain is found within the Spanish speaking world.
The town of Morro Bay was founded by Franklin Riley in 1870 as a port for the export of dairy and ranch products. He was instrumental in the building of a wharf which has now become the Embarcadero. During the 1870s, schooners could often be seen at the Embarcadero picking up wool, potatoes, barley, and dairy products.
A portion of Morro Bay is also designated as a state and national bird sanctuary. This means it is illegal to kill or harm a bird in that portion of Morro Bay. It is also a state and national estuary. Much of Morro Bay is a state wildlife refuge where waterfowl hunting is conducted during the season and is one of the few areas in California where Pacific Brant are pursued. Recently, Morro Bay was also declared a California Marine Reserve by the California Fish and Game Commission.
The town's most striking feature is Morro Rock, a 576 foot high volcanic plug. Morro Rock stands at the entrance to the harbor, and a causeway connects it with the shore. Previously, it was surrounded by water, but the northern channel was filled in to make the harbor. The Rock, as locals call it, was quarried from 1889 to 1969. There is no public access to the rock itself because it is a reserve for the locally endangered peregrine falcon. However, the area around the base of Morro Rock can be visited. Every few years, someone is caught trying to climb the rock. Climbers risk more than fines or jail time as the rocks that form Morro Rock are loose and fall down regularly. The base of Morro Rock is littered with fallen boulders.
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