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. Brisbane Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Brisbane, California
About Brisbane
Brisbane /ˈbrɪzbeɪn/ is a small city located in the northern part of San Mateo County, California on the lower slopes of San Bruno Mountain. It is on the northeastern edge of South San Francisco, next to the San Francisco Bay and near the San Francisco International Airport.
Brisbane is called "The City of Stars" because of a holiday tradition established over 65 years ago. At the start of the Christmas/Hanukkah season, many residents and business owners place large, illuminated stars, some as big as 10 feet (3.0 m) or more in diameter, on the "downhill" sides of homes and offices throughout Brisbane. Brisbane is built on the eastern slope of San Bruno Mountain, allowing visitors to see the stars. Many of the stars are kept up all year.
Brisbane was originally part of Rancho Cañada de Guadalupe la Visitación y Rodeo Viejo, a large tract of land that included the Cañada de Guadalupe (now Guadalupe Valley), and also the Bayshore district of Daly City, the Visitacion Valley district of San Francisco, and San Bruno Mountain. Visitacion City, as it was initially known, was platted in 1908 adjacent to a new rail line that had been completed in 1907 to the east of the town site. The Southern Pacific Railroad built the new line to create a faster and more direct route into San Francisco. The railroad also planned to build extensive terminal facilities just north of the town site. The Visitacion Valley rail yard and locomotive works were expected to employ over 1,000 workers, but construction was halted soon after it began due to the Panic of 1907. The town site remained largely undeveloped for many years. The railroad resumed construction of the yard and shops during World War I, and the facilities were completed by 1918.
Brisbane's economy is dominated by office parks at Sierra Point and an industrial park around the Valley Drive corridor. There are commercial areas at Brisbane Village, Visitacion Avenue, and Bayshore Avenue. The population of Brisbane doubles during the work day as such facilities fill up with commuters. Some of the larger office tenants in Brisbane are Cutera (Medical Lasers), IGN, Dolby, Tercica, Sing Tao, and Intermune. Monster Cable Products and bebe stores (traditionally spelled in lowercase) are headquartered in Brisbane on Valley Drive. The Sierra Point office park area is home to a number of well-known class A office buildings like the Dakin Building.
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