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. Morgan Hill Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Morgan Hill, California
About Morgan Hill
Morgan Hill (/ˈmɔrɡɨn ˈhɪl/), officially the City of Morgan Hill, is a city located in the southern part of Santa Clara County, California. As of the 2010 United States Census, the city had a population of 37,882.
Incorporated in 1906, the city is named after Hiram Morgan Hill, a Missouri businessman who built a country retreat home there in 1884. Originally a community of ranchers, farmers and orchardists, the city has evolved into a bedroom community for the high-tech industries in Silicon Valley. Abundance of land and proximity to recreational facilities has led to a proliferation of oversized estate homes, resulting in a significant increase in real estate prices in the past decade.
Morgan Hill is named after the city's famed founder, Hiram Morgan Hill, though often erroneously thought to be the name of El Toro Mountain. Prior to the city's incorporation and founding by Hiram Morgan Hill, the area was known as Rancho Ojo de Agua de la Coche, during the time when the Murphy family owned all the land in the area. When the land came in to Hiramn Morgan Hill's possession, it became known as Morgan Hill's Ranch, which gradually shortened to Morgan Hill.
Morgan Hill is located within the seismically active San Francisco Bay region. The significant earthquakes in the region are generally associated with crustal movements along well-defined, active fault zones. The nearest known active faults are the San Andreas Fault, approximately 19 km (12 mi) southwest, and the Calaveras Fault, approximately 1.6 km (0.99 mi) northeast. Both faults have produced major earthquakes in the past, and have estimated maximum credible Richter magnitudes of 8.3 and 7.3 respectively. The Sargent-Berrocal Fault, a potentially active fault, lies 16 km (9.9 mi) away from the sites and has an estimated maximum credible Richter magnitude of 7.4. The Coyote Creek Fault is located in Morgan Hill and is classified as potentially active as well. In addition, several unnamed faults traverse the western slopes of the upland areas. Geomorphic evidence suggests that these faults were active during recent geologic time. However, these fault-related geomorphic features are not as fresh as those of the active Calaveras Fault and are considered to be somewhat older.
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