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. Santa Barbara County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Barbara County, California
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About Santa Barbara County
Santa Barbara County, officially the County of Santa Barbara, is a county located in the southern portion of the U.S. state of California, on the Pacific coast. As of 2010 the county had a population of 423,895. The county seat is Santa Barbara and the largest city is Santa Maria. The county is part of the Tech Coast.
The Santa Barbara County area, including the Northern Channel Islands, was first settled by Native Americans at least 13,000 years ago. Evidence for a Paleoindian presence has been found in the form of a fluted Clovis-like point found in the 1980s along the western Santa Barbara Coast, as well as the remains of Arlington Springs Man found on Santa Rosa Island in the 1960s. For thousands of years, the area was home to the Chumash tribe of Native Americans, complex hunter-gatherers who lived along the coast and in interior valleys leaving rock art in many locations including Painted Cave.
Europeans first contacted the Chumash in AD 1542, when three Spanish ships under the command of Juan Rodríguez Cabrillo explored the area. The Santa Barbara Channel received its name from Spanish explorer Sebastián Vizcaíno when he sailed over the channel waters in 1602; he entered the channel on December 4, the day of the feast of Santa Barbara. Although Spanish ships associated with the Manila Galleon trade probably contacted the Chumash intermittently during this "protohistoric" period, the Spanish first colonized Santa Barbara County in AD 1769, when the DeAnza expedition explored the area and laid plans to establish a series of missions and presidios (forts).
Santa Barbara County was one of the 26 original counties of California, formed in 1850 at the time of statehood. The county's territory was later divided to create Ventura County in 1872.
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