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. Redwood City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Redwood City, California
About Redwood City
Redwood City is a California charter city located on the San Francisco Peninsula in Northern California, approximately 27 miles (43 km) south of San Francisco, and 24 mi (39 km) north of San Jose. Redwood City's history spans from its earliest inhabitation by the Ohlone people, to its tradition as a port for lumber and other goods, to its place as the county seat of San Mateo County. Today the city is known as the home of several technology companies such as Oracle and Electronic Arts. As of the 2010 census, the city had a total population of 76,815. The Port of Redwood City is the only deepwater port on San Francisco Bay south of San Francisco.
Redwood City's sphere of influence includes the districts of Emerald Lake Hills and North Fair Oaks, which, however, are largely outside the city boundaries and are counted individually for the U.S. census. Palomar Park, just north of Emerald Hills and east of San Carlos' Crestview area, is another Redwood City neighborhood that is formally part of unincorporated San Mateo County. The neighborhood of Redwood Shores is part of Redwood City, although it is not possible to travel by road from one to the other without passing through the neighboring city of San Carlos, or through Belmont via unincorporated San Mateo County. Although Redwood City is mainly middle-class, the eastern section of Redwood City highly resembles working-class North Fair Oaks and East Palo Alto in demographic make-up and income level.
Redwood City is a heavily developed mixed city, from its huge dense urban in the east, north, north-east and central neighborhoods, to its very dense suburban in the west, south and central-south neighborhoods, to its less dense exurb in the deep south and south-west neighborhoods, and to its rural upscale hillside neighborhoods. It is a very diverse cosmopolitan city in the Bay Area, a newly popular destination in the peninsula and the Bay as a whole.
Redwood City's slogan, emblazoned on arches across Broadway at the east and west entrances to downtown, is "Climate Best By Government Test." This is based on a climatological survey conducted by the United States and German governments prior to World War I. The area centered on Redwood City tied for the world's best climate with the Canary Islands and North Africa's Mediterranean Coast.
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