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. Paso Robles Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Paso Robles, California
About Paso Robles
Paso Robles /pæsəˈroʊbəlz/ (full name: El Paso de Robles 'The Pass of the Oaks') is a city in San Luis Obispo County, California, United States. Located on the Salinas River north of San Luis Obispo, California, the city is known for its hot springs, its abundance of wineries, production of olive oil, almond orchards, and for playing host to the California Mid-State Fair.
This area of the Central Coast, known as the City of El Paso De Robles, Paso Robles or simply, "Paso," is known for its thermal springs. The Salinan Indians lived in the area thousands of years even before the mission era. They knew this area as the “Springs” or the “Hot Springs.”
Paso Robles is located on the Rancho Paso de Robles Mexican land grant that was purchased by James and Daniel Blackburn in 1857. The land was a rest-stop for travelers of the Camino Real trail, and was known for its mineral hot springs. In fact, Franciscan priests from neighboring Mission San Miguel constructed the first mineral baths in the area. During this period, Paso Robles began to attract the pioneer settlers who would become the founding members of the community. They would later establish cattle ranches, apple and almond orchards, dairy farms, and vineyards.
Paso Robles’ growth as industry—wine—has a long history with the area. Wine grapes were introduced to the Paso Robles soil in 1797 by the Spanish conquistadors and Franciscan missionaries. Spanish explorer Francisco Cortez envisioned an abundant wine-producing operation and encouraged settlers from Mexico and other parts of California to cultivate the land. The first vineyardists in the area were the Padres of the Mission San Miguel, and their old fermentation vats and grapevine artwork can still be seen at the Mission, north of the city of Paso Robles.
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