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. Cupertino Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Cupertino, California
About Cupertino
Cupertino /ˌkuːpərˈtiːnoʊ/ is a city in Santa Clara County, California in the United States, directly west of San Jose on the western edge of the Santa Clara Valley with portions extending into the foothills of the Santa Cruz Mountains. This affluent city is the 11th richest city with a population over 50,000 in the United States with an estimated per-capita income of $51,965 and a median household income exceeding $160,000, as many households need two or more incomes to meet the high cost of property and living. The population was 58,302 at the 2010 census. Forbes ranked it as one of the most educated small towns. It is perhaps best known as being the home town of Apple Inc.'s corporate headquarters.
Cupertino was named after Arroyo San José de Cupertino (now Stevens Creek). The creek had been named by Spanish explorer Juan Bautista de Anza's cartographer, who named it after Saint Joseph of Cupertino. Saint Joseph (born Giuseppe Maria Desa, and later known as Giuseppe da Copertino) was named after the town of Copertino in the Apulia region of Italy. The name Cupertino first became widely used when John T. Doyle, a San Francisco lawyer and historian, named his winery on McClellan Road "Cupertino". After the turn of the 20th century, Cupertino displaced the former name for the region, which was “West Side”.
Cupertino in the 19th century was a small rural village at the crossroads of Stevens Creek Road and Saratoga-Mountain View Road (also known locally as Highway 9; later Saratoga-Sunnyvale Road, and then renamed to De Anza Boulevard within Cupertino city limits). Back then, it was known as the West Side and was part of Fremont Township. The primary economic activity was fruit agriculture. Almost all of the land within Cupertino's present-day boundaries was covered by prune, plum, apricot, and cherry orchards. A winery on Montebello Ridge overlooking the Cupertino valley region was also operating by the late 19th century.
Cupertino is one of many cities that claim to be the “heart” of Silicon Valley, as many semi-conductor and computer companies were founded here and in the surrounding areas. The worldwide headquarters for Apple Inc. is located here in a modern complex circled by the Infinite Loop. Apple has announced that it plans to build a new 150-acre (610,000 m2) second campus between Interstate 280, N Wolfe Rd, E Homestead Rd and along Tantau Ave one mile east of the old campus. The nine properties (50-acre (0.2 km2) south of Pruneridge Avenue were bought in 2006, the property (100-acre (0.4 km2) north of it in 2010 (from Hewlett-Packard).
Cupertino was incorporated in 1955. The highest body in the city government - the City Council - is made up of five members who serve overlapping, four-year terms. The council elects the mayor and vice-mayor for a term of one year. The city does not have its own charter. Instead, it is a General Law city, which follows provisions and requirements for cities established by the state of California.
The city's symbol is a conquistador's morion. A sculpture of this helmet stands next to Cupertino City Hall, and several versions of the helmet have also been used as the city logo. The original sculpture was made in 1971 by John Augsburger of San Luis Obispo. A full-sized replica of the sculpture, made by Fred Subega was given to the city of Toyokawa, Japan as a gift to commemorate their tenth anniversary as sister cities. A smaller sculpture in the shape of the helmet in the 1999-2007 Cupertino city seal was also given to the city of Toyokawa as a twenty-fifth anniversary present.
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