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. Santa Clara Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Clara, California
About Santa Clara
Santa Clara (/ˌsæntəˈklærə/), officially the City of Santa Clara, is a city in Santa Clara County, California. The city's population was 116,468 at the 2010 United States Census, making it the ninth most populous city in the San Francisco Bay Area.
Located 45 miles (72 km) southeast of San Francisco[citation needed], the city was founded in 1777 and incorporated in 1852. The city is the site of the eighth of 21 California missions, Mission Santa Clara de Asís, and was named after the mission. The Mission and Mission Gardens are located on the grounds of Santa Clara University. Saint Clare is the patron saint of Santa Clara.
Santa Clara is located in the center of Silicon Valley and is home to the headquarters of several high-tech companies. It is the site of Levi's Stadium, the future home of the National Football League's San Francisco 49ers and site of Super Bowl L. It is also home to Santa Clara University, the oldest institution of higher learning in the state of California. The city is bordered by San Jose, Sunnyvale and Cupertino.
Santa Clara was also home to a major mental health facility, Agnews State Hospital. According to the National Park Service, more than 100 persons were killed at this site in the 1906 earthquake. The site is the former home to Sun Microsystems and is listed in the National Register of Historic Places.
Santa Clara is also home to California's Great America, an amusement park currently operated by Cedar Fair, L.P.. Nearby is the Santa Clara Convention Center, one of Silicon Valley's largest event and meeting venues. Santa Clara also offers several museums such as the Intel Museum, Triton Museum of Art, and the Harris - Lass historical house. Near the above mentioned Mission College is the Our Lady of Peace Shrine notable for its thirty-two foot tall statue which is viewable from Highway 101 in a manner similar to the statue of Junípero Serra in Hillsborough, CA. The Mission City Center for Performing Arts is the city's venue for theatrical productions and entertainment.
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