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. Atherton Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Atherton, California
About Atherton
Atherton is an incorporated town in San Mateo County, California, United States. Its population was 6,914 at the 2010 census.
In October 2013, Forbes magazine placed Atherton's zip code of 94027 at #1 on its annual list of America's most expensive zip codes. Atherton is one of the wealthiest cities in the United States.
In 1866, Atherton was known as Fair Oaks, and was a flag stop on the California Coast Line of the Southern Pacific Railroad between San Francisco and San Jose for the convenience of the owners of the large estates who lived north of Menlo Park. The entire area was called Menlo Park. It had been part of the Rancho de las Pulgas that had covered most of the area, which is now southern San Mateo County. There were several attempts to incorporate Fair Oaks, one in 1874 and another in 1911.
The government was established with Edward E. Eyre as the first mayor. In 1928, the residents voted to build a Town Hall, which stands today. The early residents wanted a Town that would be divided into large parcels and would not contain businesses. The author Gertrude Atherton, daughter-in-law to Faxon D. Atherton wrote in "The Californians", "Menlo Park (Atherton) has been cut up into country places for what might be termed the 'old families of San Francisco', the eight or ten families who owned the haughty precinct were as exclusive, as conservative, as any group of ancient country families in Europe." A few of the large land holdings were subdivided during the 1920s and 1930s, James Flood estate in 1938. In the 1940s and 1950s over eighty subdivisions were recorded. With the minimum size of one acre (4,000 m²), the era of the large estates was over. Atherton is still a "plain of oaks". Native live oaks, white oaks, bays, redwoods, cedars, pines and other ornamental trees cover the six square miles (16 km²) of town. There are approximately 50 miles (80 km) of roads. The population is around 7500 with approximately 2500 households.
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