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. Siskiyou County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Siskiyou County, California
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About Siskiyou County
Siskiyou County /ˈsɪskjuː/ siss-kew is a county located in the far northernmost part of the U.S. state of California, in the Shasta Cascade region on the Oregon border. Yreka is the county seat. Because of its substantial natural beauty, outdoor recreation opportunities, and Gold Rush era history, it is an important tourist destination within the state. The population was 44,900 at the 2010 census.
Siskiyou County was created on March 22, 1852, from parts of Shasta and Klamath Counties, and named after the Siskiyou mountain range. Parts of the county's territory were given to Modoc County in 1855.
The county is the site of the central section of the Siskiyou Trail, which ran between California's Central Valley and the Pacific Northwest. The Siskiyou Trail followed Native American footpaths, and was extended by Hudson's Bay Company trappers in the 1830s. Its length was increased by "Forty-Niners" during the California Gold Rush.
The origin of the word Siskiyou is not known. It may be Chinook word for a "bob-tailed horse," or as was argued before the State Senate in 1852, from the French Six Cailloux (six stones), a name given to a ford on the Umpqua River by Michel LaFrambois and his Hudson's Bay Company trappers in 1832. Others claim the Six Cailloux name was appropriated by Stephen Meek, another Hudson's Bay Company trapper who discovered Scott Valley, for a crossing on the Klamath River near Hornbrook.
Siskiyou County is geographically diverse. From towering Mount Shasta (elev. 14,179 ft/(4,322 m)) near the center of the county, to lakes and dense forests, as well as desert, chaparral, and memorable waterfalls, the county is home to world-famous trout-fishing rivers and streams, such as the Sacramento and McCloud Rivers. The county is dotted as well with lakes and reservoirs, such as Castle Lake and Lake Siskiyou. Mount Shasta itself has a winter sports center. Pastoral Scott Valley in the western part of the county has many wide, tree-lined meadows, supporting large cattle ranches. The basins of northeastern Siskiyou County, including Butte Valley, Lower Klamath and Tule Lake basins, have some of the deepest and richest soils in the state, producing alfalfa, potatoes, horseradish, and brewing barley. Butte Valley nurseries are the leading source of premium strawberry plants in North America. Much of the county is densely forested with pine, fir, incense-cedar, oak, and madrone; Siskiyou County is also home to the rare Baker's Cypress Tree, Cupressus bakeri, which grows in only eleven scattered locations in the world, five of which are in Siskiyou County. The county's natural resources are most often used these days for skiing, snowboarding, hiking, mountain biking, camping, and wilderness recreation, as historic logging practices have been largely discontinued due to Federal and State environmental regulations. The county’s water is viewed as sufficiently pure and abundant that the county is a source of significant amounts of bottled water, distributed throughout the country. A large Crystal Geyser plant is located at the base of Mt. Shasta, near Weed.
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