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. South San Francisco Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in South San Francisco, California
About South San Francisco
South San Francisco is a city in San Mateo County, California, United States, located on the San Francisco Peninsula in the San Francisco Bay Area. The population was 63,632 at the 2010 census.
South San Francisco lies north of San Bruno and San Francisco International Airport in a small valley south of Daly City, Colma, Brisbane, and San Bruno Mountain, east of Pacifica and the hills of the Coast Range, and west of the waters of San Francisco Bay. Locals often refer to the town as "South City," in much the same way that San Francisco is called "The City." People unfamiliar with the area often mistake "South San Francisco" as the southern part of the city of San Francisco. In fact, the city of South San Francisco is not even contiguous with the city of San Francisco, due to the city of Brisbane being between them.
The city is noted for the South San Francisco Hillside Sign on Sign Hill, which rises to the north of the city, with large white letters that proclaim "South San Francisco, The Industrial City". The sign, a tribute to the city's industrial past, is listed on the National Register of Historic Places.
The area which is now South San Francisco was originally part of Rancho Buri Buri, a large Mexican land grant dating to 1827. In 1853 Charles Lux and a business partner, Alfred Edmondson, purchased 1,700 acres (7 km2) of Rancho Buri Buri. Lux bought out Edmonson’s interest in 1856 and founded the town of Baden, now a neighborhood of South San Francisco. In 1855 Lux bought another 1,464 acres (6 km2) of Rancho Buri Buri land and became a partner of fellow San Francisco butcher and entrepreneur Henry Miller, forming the firm of Miller & Lux.
The city of South San Francisco was incorporated in 1908 following a dispute with San Mateo County, which had blocked the construction of a smelter on San Bruno Point which was supported by the locals. Following incorporation additional industries moved into the town, including two steel mills. A new City Hall was opened on November 11, 1920.
South San Francisco is home to Genentech, one of the world's largest biotech companies, as well as a satellite office of Amgen, the world's largest biotech firm. Many other biotech companies, such as Exelixis, have also started or moved to South San Francisco to be in proximity to the UCSF, Stanford University, and UC Berkeley; all are within a one hour's drive. A Genentech-sponsored sign declares South San Francisco as the "Birthplace of Biotechnology."
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