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. Millbrae Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Millbrae, California
About Millbrae
Millbrae is a city in San Mateo County, California, United States, just west of San Francisco Bay, with San Bruno on the north and Burlingame on the south. The population was 21,532 at the 2010 census.
Millbrae is also the home of Green Hills Country Club which was designed by famed golf course architect Dr. Alister MacKenzie (who designed other noteworthy courses such as Augusta National, Cypress Point, Royal Melbourne, Pasatiempo, and many more). The course was originally known as the Union League Golf Club of San Francisco (1930 to 1933) and Millbrae Country Club (1933 to 1945). The course provides a green belt in the center of the city that is the home of many animals, such as the red-tail fox, that otherwise would not be able to survive in the urban setting. It also may be the only area of the city where natural creeks still flow overground.
Transportation has shaped Millbrae's growth. From the start of the 20th century, the #40 "interurban" streetcar traveled through Millbrae, linking the city with San Francisco and San Mateo. Millbrae's high school children rode the streetcar to attend Burlingame High School until Capuchino High School opened on September 11, 1950. The streetcar line was dismantled just after Millbrae's incorporation, leaving the Southern Pacific Railroad as the only railway linking Millbrae with surrounding areas. The Sixteen Mile House marked Millbrae along the railroad route, located where Millbrae's first Corner Frame Shop stands today. In the 1940s, as long-time residents vividly recall, a hilltop literally was shaved away to produce landfill for expanding San Francisco Airport, which received an "international" designation in 1954 with the completion of the Central Terminal.
Millbrae's economy is driven mainly by its long strips of hotels. Because of its close proximity to San Francisco International Airport and to the city of San Francisco, and its advanced transit center that can connect people to all major cities/events in the Bay Area, many tourists opt to stay in Millbrae. Its downtown is mainly along El Camino Real and Broadway Avenue. There are many small shops, restaurants, a Safeway, Walgreens, Trader Joe's, The Children's Place, Dress Barn, Orchard Supply Hardware, and Kohl's.
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