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. Goleta Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Goleta, California
About Goleta
Goleta is a city in southern Santa Barbara County, California, USA. It was incorporated as a city in 2002, after a long period as the largest unincorporated, populated area in the county. As of the 2000 census, the Census-designated place (CDP) had a total population of 55,204, however, a significant portion of the census territory of 2000 did not incorporate into the new city. The population was 29,888 at the 2010 census.
It is known for being near the University of California, Santa Barbara campus, although the CDP of Isla Vista is closer to the campus.
The area of present-day Goleta was populated for thousands of years by the native Chumash people. Locally they were known by the first European settlers as Canaliños (for the canoes they built for travel to the Channel Islands). One of the largest villages, S'axpilil, was north of the Goleta Slough, not far from the present-day Santa Barbara Airport.
Goleta was incorporated as a city in 2002 after several unsuccessful attempts. A significant urbanized area remains unincorporated between the town of Goleta and the city of Santa Barbara, largely consisting of the area which polled against incorporation prior to the 2002 election (this area was excluded from the city boundaries to facilitate approval of incorporation). There has been some discussion of annexation of this area (sometimes dubbed "Noleta") by the city of Santa Barbara. In addition, the student community of Isla Vista directly to the south was excluded from the new city of Goleta, even though the communities share a ZIP Code and many community resources. The LAFCO executive director cited "political infeasibility" as the reason, although the only poll on the issue indicated a city of Goleta including Isla Vista would have passed at the ballot box. The current boundaries of Goleta are shown in the city's map.
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