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. Mountain View Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Mountain View, California
About Mountain View
Mountain View is a city in Santa Clara County, in the San Francisco Bay Area of California. It is named for its views of the Santa Cruz Mountains. The city shares its borders with the cities of Palo Alto, Los Altos, and Sunnyvale, as well as Moffett Federal Airfield and the San Francisco Bay. As of the 2010 census, the city had a population of 74,066.
Situated in Silicon Valley, Mountain View is home to many high technology companies. In 1956, Shockley Semiconductor Laboratory, the first company to develop silicon semiconductor devices in what came to be known as Silicon Valley, was established in the city by William Shockley. Today, many of the largest technology companies in the world are headquartered in the city, including Google, Mozilla Foundation, Symantec, and Intuit.
Mountain View had its beginnings in the late 19th century as a stagecoach stop on the route between San Francisco and San Jose, including the Butterfield Overland Mail. Incorporated on November 7, 1902, the town's early growth was due to agriculture, which remained the primary industry into the middle of the 20th century. After World War II, the population grew significantly with the development of the aerospace and electronics industries. Between 1950 and 1960, the population grew from 6,563 to 30,889, an increase of 370.7%.
Mountain View is located on the San Francisco Peninsula, at the north end of State Route 85, where it meets U.S. Route 101. The historic route El Camino Real also runs through Mountain View. It is bounded to the northwest by Palo Alto, to the southwest by Los Altos, to the southeast by Sunnyvale, to the northeast by Moffett Federal Airfield, and to the north by the San Francisco Bay.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
