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. Downieville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Downieville, California
About Downieville
Downieville is a census-designated place in and the county seat of Sierra County, California, United States.Downieville sits at an elevation of 3,888 feet (1,185 m). The 2010 United States census reported Downieville's population was 282.
Downieville was settled in late 1849 during the California Gold Rush and was first known as "The Forks" for its geographical location. It was shortly thereafter renamed after the town's founder, Major William Downie (1820-1893), a Scotsman who led an expedition of nine miners, including seven blacks, up the North Fork of the Yuba River and who was the town's first mayor. Major Downie's travels are documented in his 1893 autobiography, "Hunting for Gold." Downieville reached a peak population of over 5,000 people in 1851 but declined sharply by 1865. Downieville is situated at the confluence of the Downie River and North Fork of the Yuba River. Downieville was vying to become the state capital of California along with fifteen other California communities in 1853 before the capital was moved to Benicia, and then shortly thereafter its current location in Sacramento. In July 1851 Downieville gained a distinction it may not have wanted when a mob lynching occurred on July 5. One particularly infamous crime was when a Mexican woman named Josefa Segovia was lynched by a mob in Downieville. She was accused of killing a white man who had attempted to assault her after breaking into her home. It remains the only lynching of a pregnant female in California history.
Downieville is a popular mountain biking destination, hosting the world famous race, the Downieville Classic, a two-day event consisting an Enduro style or Super-D downhill race as well as an extremely challenging cross country race. The Single Speed World Championship was also held in Downieville in 2003.
Downieville is home to the state's oldest weekly newspaper, the Mountain Messenger. Default wired telephone numbers for the town follow the format (530) 289-xxxx. In a typical year, the high school graduates about a half-dozen students. Downieville has its own post office (on Main Street) and its ZIP code is 95936. The elevation is around 2,900 feet (880 m).
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