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. Watsonville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Watsonville, California
About Watsonville
Watsonville is a city in Santa Cruz County, California, United States. The population was 51,199 according to the 2010 census.[3] Located on the central coast of California, the economy centers predominantly around the farming industry. It is known for growing strawberries, apples, lettuce and a host of other vegetables. Watsonville is home to people of varied ethnic backgrounds. There is a large Hispanic population, a group of Croats, Portuguese, Filipino, Caucasian, and Japanese population that live and work in the city.
The Pajaro Valley, wherein Watsonville is located, has a climate that is usually pleasant — around 60 to 70 degrees Fahrenheit throughout the year. This climate makes Watsonville an attractive coastal environment for the neighboring inland communities with very hot summers. The Pajaro Valley Unified School District has an attendance of about 18,000 students kindergarten through 12th grades. There are several private religious-based schools in Watsonville such as Notre Dame School, Monte Vista Christian, Salesian Sisters and St. Francis. There are also several charter schools and the non-religious independent Pre-K through 12th grade Mount Madonna School. These schools provide a wide range of educational options for local families. Watsonville is generally conservative on the political spectrum and average in relationship to the neighboring communities of Salinas, Castroville, and Prunedale.
Watsonville is located on the Rancho Bolsa del Pajaro Mexican land grant made to Sebastian Rodríguez in 1837. Judge John H. Watson and D. S. Gregory laid out the town in 1852. Watsonville was incorporated on March 30, 1868.
The main industries in Watsonville are construction, agriculture and manufacturing. Some of the largest companies headquartered in Watsonville are Martinelli's, Fox Racing Shox, Nordic Naturals, Graniterock, Granite Construction, West Marine, California Giant, Vendwize, A&I Transport Inc. and Orion Telescopes & Binoculars.
Watsonville is home to the annual Strawberry Festival, which includes a wide variety of strawberry based foods, live music, vendors, and rides.
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