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. Half Moon Bay Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Half Moon Bay, California
About Half Moon Bay
Half Moon Bay is a coastal city in San Mateo County, California, United States. Its population was 11,324 as of the 2010 census. Immediately at the north of Half Moon Bay is the Pillar Point Harbor and the unincorporated community of Princeton-by-the-Sea. The urban area had a population of 20,713 at the same census.
Half Moon Bay began as a rural agriculture area, primarily used for grazing of cattle, horses, and oxen used by Mission San Francisco de Asis (established in June 1776). Following the secularization of the Mission, Tiburcio Vásquez received the Rancho Corral de Tierra Mexican land grant in 1839 and Candelario Miramontes was granted Rancho Miramontes (later known as Rancho San Benito) in 1841.
Due to the financial setbacks from a large legal settlement and a poor economy, Half Moon Bay is currently considering major cuts to city services and possibly disincorporating.[needs update] Under a disincorporation plan, Half Moon Bay would revert to an unincorporated area within San Mateo County. Tax revenues would flow to the county, which would remain responsible for police and road maintenance. Current Half Moon Bay residents would remain responsible for the bond payments resulting from the legal settlement, which would be added as a lien on their properties.
It is situated on a bay of the same name. Major local industries include agriculture (houseplants, floriculture, Christmas trees, pumpkins, artichokes), fishing, and tourism. Historically, Half Moon Bay had been known as San Benito and Spanishtown.
A popular spot at Half Moon Bay is the 'Jetty,' or as it is sometimes called, 'The Breakwater.' This is a man-made break with unusual waves shaped by reflections from the breakwater at Pillar Point Harbor. Streams in Half Moon Bay include Frenchmans Creek, Pilarcitos Creek and Naples Creek.
The city has four sites listed at the National Register of Historic Places: the Methodist Episcopal Church at Half Moon Bay, the William Adam Simmons House, the Robert Mills Dairy Barn, and the James Johnston House.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
