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. Monte Sereno Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Monte Sereno, California
About Monte Sereno
Monte Sereno (from Spanish monte, hill, and sereno, serene) is a city in Santa Clara County, California, USA. The population was 3,341 at the 2010 census. The city is located in the foothills of the Santa Cruz Mountains, about 10 miles (16 km) southwest of San Jose, immediately northwest of Los Gatos, and southeast of Saratoga. The city is named for the 2,580-foot (790 m) El Sereno Mountain, upon the slopes of which the southern portion of the city is built. The community is entirely residential, with no commercial zoning and 99% single-family housing, and is an upscale Silicon Valley bedroom community. Monte Sereno shares the 95030 ZIP code with the town of Los Gatos. Many municipal services are provided under contract by Los Gatos.
The Monte Sereno area was part of the 1839 Alta California land grant of Rancho Rinconada de Los Gatos. The city incorporated on May 14, 1957, to protect its semi-rural atmosphere. Its first Mayor was Retired Rear Admiral and former U.S. Director of Naval Intelligence, Thomas B. Inglis.
The El Sereno Open Space Preserve is immediately south of the city and covers the top and portions of the flanks of El Sereno mountain.
Monte Sereno is a General Law City incorporated on May 14, 1957. It operates under the City Council-City Manager form of local government, which combines the political leadership of a five-member elected City Council with the strong professional experience of an appointed local government administrator (City Manager) who is the responsible for the day-to-day administrative operation of the city, including preparation of the budget, delivery of services, hiring of personnel, and implementation of capital projects.
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