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. Saratoga Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Saratoga, California
About Saratoga
Saratoga /ˌsærəˈtoʊɡə/ is a city in Santa Clara County, California, USA. It is located on the west side of the Santa Clara Valley, directly west of San Jose, in the San Francisco Bay Area. The population was 29,926 at the 2010 census.
Located on the Western edge of the Silicon Valley, Saratoga is known locally for its suburban small-town feel, wineries, and high-end boutiques. In 2008 CNN/Money ranked Saratoga number 4 in its listing of top-earning towns. Saratoga also was ranked by Forbes in 2009 as one of America's top 20 most-educated small towns. In 2010 Bloomberg Businessweek named Saratoga the most expensive suburb in California. Bloomberg Businessweek also named Saratoga's zip code 95070 the 18th richest zip code in America in 2011. Major attractions of Saratoga include Villa Montalvo, Hakone Gardens, and the Mountain Winery. The 2013 Home Listing Report listed Saratoga as the 3rd most expensive housing market in the United States.
Saratoga became agricultural, as did much of the rest of the valley; a few vineyards and orchards from this period remain today. After World War II the town quickly became urbanized, and it incorporated in 1956 mostly to avoid being annexed to San Jose. A slogan during the campaign to incorporate the city of Saratoga was "Keep it rural," according to historian Willys I. Peck. Today the city serves as a bedroom community for upper-middle class Silicon Valley tech workers.
Neighborhoods in Saratoga include Brookview and Pride's Crossing in the north part of the city, Blue Hills and Greenbrier in the northwest area, and Congress Springs in the southwestern corner of Saratoga. The Golden Triangle, a name invented by real estate agents, is an area bounded by Saratoga Avenue, Saratoga-Sunnyvale Road and Cox Avenue. The Golden Triangle consists mostly of four-bedroom ranch homes (values ranging between 1 to 3 million dollars) on quarter acre lots gradually being replaced by Mediterranean custom designs. Northeast of the Golden Triangle is a neighborhood known as Saratoga Woods, a small community located behind Prospect High School north of Cox. Bellgrove Circle is a popular neighborhood located next to highway 85. The land of Bellgrove Circle, once used as a vineyard, was previously owned by Paul Masson Winery and is east of Saratoga Avenue and north of Rt 85. Kentfield is south of Rt 85 and also east of Saratoga Avenue. Parker Ranch is a very affluent neighborhood with 1-acre (4,000 m2) minimum lots, west of Saratoga-Sunnyvale Road and up into the hills. The downtown area along Big Basin Way is known as the Village.
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