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. San Mateo County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Mateo County, California
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About San Mateo County
San Mateo County (/ˌsæn məˈteɪ.oʊ/ san mə-tay-oh; Spanish for "Saint Matthew") is a county located in the San Francisco Bay Area of the U.S. state of California. It covers most of the San Francisco Peninsula just south of San Francisco, and north of Santa Clara County. San Francisco International Airport is located at the northern end of the county, and Silicon Valley begins at the southern end. As of 2010 the population was 718,451. The county seat is Redwood City. It is ethnically diverse, and affluent. The county's built-up areas are mostly suburban with some areas being very urban, and are home to several corporate campuses.
San Mateo County was formed in 1856 after San Francisco County, one of state's 18 original counties since California's statehood in 1850, was split apart. Until 1856, San Francisco's city limits extended west to Divisadero Street and Castro Street, and south to 20th Street. In response to the lawlessness and vigilantism that escalated rapidly between 1855 and 1856, the California government decided to divide the county. A straight line was then drawn across the tip of the San Francisco Peninsula just north of San Bruno Mountain. Everything south of the line became the new San Mateo County while everything north of the line became the new consolidated City and County of San Francisco, to date the only consolidated city-county in California. San Mateo County then annexed part of northern Santa Cruz County in 1868.
San Mateo county bears the Spanish name for Saint Matthew. As a place name, San Mateo appears as early as 1776 and several local geographic features were also designated San Mateo on early maps including variously: a settlement, an arroyo, a headland jutting into the Pacific (Point Montara), and a large land holding (Rancho San Mateo). Until about 1850, the name appeared as San Matheo.
San Mateo County straddles the San Francisco Peninsula, with the Santa Cruz Mountains running its entire length. The county encompasses a variety of habitats including estuarine, marine, oak woodland, redwood forest, coastal scrub and oak savannah. There are numerous species of wildlife present, especially along the San Francisco Bay estuarine shoreline, San Bruno Mountain, Fitzgerald Marine Reserve and the forests on the Montara Mountain block. Several creeks discharge to the San Francisco Bay including San Mateo Creek and Laurel Creek and several coastal streams discharge to the Pacific Ocean such as Frenchmans Creek and San Vicente Creek.
The county is home to several endangered species including the San Francisco garter snake and the San Bruno elfin butterfly, both of which are endemic to San Mateo County. The endangered California clapper rail is also found on the shores of San Francisco Bay, in the cities of Belmont and San Mateo. The endangered wildflower Hickman's potentilla is found near the Pacific Ocean on the lower slopes of Montara Mountain. The endangered wildflowers White-rayed pentachaeta, Pentachaeta bellidiflora, San Mateo Woolly Sunflower, Eriophyllum latilobum, Marin Dwarf Flax, Hesperolinon congestum and the San Mateo Thornmint, Acanthomintha duttonii, are found in the vicinity of the Crystal Springs Reservoir.
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