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. East Palo Alto Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in East Palo Alto, California
About East Palo Alto
As of the 2010 census, the population of East Palo Alto was 28,155. It is situated on the San Francisco Peninsula, roughly halfway between the cities of San Francisco and San Jose. To the north and east is the San Francisco Bay, to the west is the city of Menlo Park, and to the south the city of Palo Alto. Despite being called "East" Palo Alto, this is a misnomer, as the city is precisely due north of Palo Alto. While widely assumed to be part of the city of Palo Alto, East Palo Alto has always been a separate entity, being located in a different county since its founding as an unincorporated community (Palo Alto is in Santa Clara County) and until recently having an entirely different demographic makeup. The two cities are separated only by San Francisquito Creek and, largely, the Bayshore Freeway (the vast majority of East Palo Alto is northeast of the freeway, while all of the residential part of Palo Alto is southwest of the freeway). The revitalization projects in 2000, and the surge of high income high-tech professionals moving into the new developments (including employees from Google and Facebook), have begun to eliminate the cultural and economic differences between the two cities. East Palo Alto and Palo Alto share both telephone area codes and postal ZIP codes.
From the 1850s through the 1940s, East Palo Alto went through many changes. In 1849, Isaiah Woods attempted to make East Palo Alto a major shipping town and named the city Ravenswood. In 1868, after Woods' investments failed he sold the wharf to Lester Cooley, who built a brick factory. When the brick factory closed down, it reverted to a farming community.
East Palo Alto has always had a rich history. While there is plentiful shopping and business outside East Palo Alto, there was relatively little in the city. Most of EPA was unincorporated county land, so it was not eligible for many of the revenue benefits of city status. Until 1983, East Palo Alto existed as an unincorporated "island" in San Mateo County, dependent on county government for services and on the San Mateo County Sheriff for police protection. After several years of pro-incorporation campaigning by local community groups, a 1982 ballot measure that was stopped by a lawsuit, and a subsequent election the next year, East Palo Alto became a city in June 1983, with Barbara A Mouton as its first Mayor. (Because of subsequent legal challenges to the last ballot measure, it wasn't until 1987 that the city was officially recognized as such.) The legal challenges were led by former U.S. Congress member Pete McCloskey, who represented one of the real-estate brokers whose original blockbusting campaign had turned EPA into a mostly-black town.[citation needed] The final tally was 1,777 for and 1,764 against, a margin of 13 votes; a majority of 50.2%.
It is bordered on the west by Menlo Park, to the south by Palo Alto, and to the east by the San Francisco Bay. The San Francisquito Creek defines its southern edge. To the north are Ravenswood Point and the western end of the Dumbarton Bridge in Menlo Park.
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