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. San Jose Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in San Jose, California
About San Jose
San Jose (/ˌsæn hoʊˈzeɪ/; Spanish: St. Joseph) is the third-largest city in California, the tenth-largest in the United States, and the county seat of Santa Clara County. San Jose is the largest city within Silicon Valley, which is a major component of the greater San Francisco Bay Area. It is the largest city in Northern California.
San Jose was founded on November 29, 1777, as El Pueblo de San José de Guadalupe, the first civilian town in the Spanish colony of Nueva California. The city served as a farming community to support Spanish military installations at San Francisco and Monterey. When California gained statehood in 1850, San Jose served as its first capital.
By the 1990s, San Jose's location within the booming local technology industry earned the city the nickname "Capital of Silicon Valley". San Jose is now considered to be a global city, and notable for its affluence, high cost of living, and low crime. The U.S. Census Bureau reported the population of the city to be 945,942 in 2010.
San Jose was founded by Lieutenant José Joaquín Moraga as Pueblo de San José de Guadalupe (in honor of Saint Joseph) on November 29, 1777.
San Jose lies between the San Andreas Fault, the source of the 1989 Loma Prieta earthquake, and the Calaveras Fault. San Jose is shaken by moderate earthquakes, above four on the Richter Scale, on average of one to two times a year. These quakes originate just east of the city on the creeping section of the Calaveras Fault, which is a major source of earthquake activity in Northern California. On April 14, 1984, at 1:15 pm, local time a 6.2 magnitude earthquake struck the Calaveras Fault near San Jose's Mount Hamilton. The most serious earthquake, in 1906, damaged many buildings in San Jose as described earlier. Earlier significant quakes rocked the city in 1839, 1851, 1858, 1864, 1865, 1868, and 1891.[citation needed] The Daly City Earthquake of 1957 caused some damage. The Loma Prieta earthquake of 1989 also did some damage to parts of the city. The other faults near San Jose are the Monte Vista Fault and the Hayward Fault Zone.
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