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 Cruz Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Cruz, California
About Santa Cruz
Santa Cruz (/ˈsæntə ˈkruːz/, Spanish: Holy Cross) is the county seat and largest city of Santa Cruz County, California in the US. As of the 2011 U.S. Census, Santa Cruz had a total population of 60,049. Situated on the northern edge of the Monterey Bay, about 72 mi (116 km) south of San Francisco, the city is part of the U.S. Census-designated 11-county San Francisco Bay Area Combined Statistical Area but not within the traditional 9-county definition of the San Francisco Bay Area, as it is not in a county that touches the San Francisco Bay. Santa Cruz is counted as part of the Monterey Bay region.
The present-day site of Santa Cruz was the location of Spanish settlement beginning in 1791, including Mission Santa Cruz and the pueblo of Branciforte. Following the Mexican–American War of 1846–48, California became the 31st state in 1850. The City of Santa Cruz was chartered in 1866. Important early industries included lumber, gunpowder, lime and agriculture. Late in the 19th century, Santa Cruz established itself as a beach resort community. Santa Cruz is now known for its moderate climate, the natural beauty of its coastline such as at Natural Bridges State Beach, redwood forests, alternative community lifestyles, and socially liberal leanings. It is also home to the University of California, Santa Cruz, a premier research institution and educational hub, as well as the Santa Cruz Beach Boardwalk, an oceanfront amusement park operating continuously since 1907.
Santa Cruz was hard hit by the 1989 Loma Prieta earthquake. It was also hit by ocean surges caused by the 2011 Tōhoku earthquake and tsunami, wherein the Santa Cruz Small Craft Harbor sustained an estimated $10 million of damage, with another $4 million of damage to docked boats there.
Santa Cruz has an activist Veteran community. The United Veterans Council sponsors a community-based program for Veterans dealing with re-entry into society as an alternative to government remedies. The Bill Motto VFW post #5888 sponsors anti-war and peace efforts in Santa Cruz and throughout the country. The Veterans Memorial Building is host to punk, reggae, and hip-hop acts from Santa Cruz and around the world. It is also the home of the Bill Motto Post-sponsored Thanksgiving and Christmas dinners. These dinners were started by post #5888 in the late seventies. In 2006, the Thanksgiving dinner served 1,400 people. Founded in 1976, The Resource Center for Nonviolence is one of the oldest and most centrally located non-profit organizations committed to political and social activism in Santa Cruz County. The center is "dedicated to promoting the principles of nonviolent social change and enhancing the quality of life and human dignity". In 1998, the Santa Cruz community declared itself a Nuclear-free zone, and in 2003, the Santa Cruz City Council became the first City Council in the U.S. to denounce the Iraq War. The City Council of Santa Cruz also issued a proclamation opposing the USA PATRIOT Act.
The principal industries of Santa Cruz are agriculture, tourism, education (UCSC) and high technology. Santa Cruz is a center of the organic agriculture movement, and many specialty products as well as housing the headquarters of California Certified Organic Farmers. Tourist attractions include the classic Santa Cruz Beach Boardwalk on the beach, the redwood forests, and Monterey Bay, which is protected as a marine sanctuary.
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