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. Scotts Valley Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Scotts Valley, California
About Scotts Valley
Scotts Valley is a small city in Santa Cruz County, California, United States, about thirty miles (48 km) south of downtown San Jose and six miles (10 km) north of Monterey Bay, in the upland slope of the Santa Cruz Mountains. As of the 2010 census, the city population was 11,580. Principal access to the city is supplied by State Route 17 that connects San Jose and Santa Cruz. The city was incorporated in 1966.
Scotts Valley was named after Hiram Scott, who purchased Rancho San Agustin, including the valley, in 1850 from Joseph Ladd Majors. Before Majors, the property was owned by José Bolcoff. Bolcoff was the original settler and first European to claim title and live in what was to be Scotts Valley. He was born Osip Volkov around 1794 in Petropavlovsk-Kamchatsky, Siberia. Working as a fur trader around 1815, Bolcoff jumped ship on the Monterey Bay shoreline, quickly assimilated into the Spanish culture, and was well received by the Spanish authorities. Volkov had his Russian Orthodox Baptism validated in Mission Soledad in 1817, and was given the Spanish name José Antonio Bolcoff. Bolcoff lived with and traveled with Alta California's governor Pablo Vicente de Solá, acting as an interpreter.
Scotts Valley is also near Big Basin Redwoods State Park, Henry Cowell Redwoods State Park, and Roaring Camp Railroads. The town is surrounded by coast redwood forests. The city of Santa Cruz lies to the south. A relatively large municipal skateboard park, where pro skateboarder Eric Costello died October 2005 due to improper helmet use, is near Skypark, the site of a former airport, in central Scotts Valley.
Air in Scotts Valley is typically maritime in origin, as it moves over the land from the Pacific Ocean. Summers are warm and dry, while winters are mild and generally rainy. Most rain falls as a result of winter Pacific storms between the months of November and April. Sound levels in Scotts Valley are typically in the range of 57 to 65 dBA, except for somewhat higher levels within 150 feet (46 m) from Highway 17.
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