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. Dunsmuir Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Dunsmuir, California
About Dunsmuir
Dunsmuir is a city in Siskiyou County, California, United States. The population was 1,650 at the 2010 census, down from 1,923 at the 2000 census. The official city slogan is "Home of the best water on Earth". Dunsmuir is currently a hub for tourism in Northern California as visitors enjoy fishing, skiing, climbing, or sight-seeing. During steam engine days, it was notable for being the site of an important Central Pacific (and later Southern Pacific) railroad yard, where extra steam locomotives were added to assist trains on the grade to the north.
Located in the Shasta Cascade area of Northern California, Dunsmuir is a popular destination for tourists. Visitors come to trout fish in the Sacramento and McCloud Rivers, or to see and climb Mount Shasta, Castle Crags or the Trinity Alps. Visitors ski (both alpine and cross-country) and bicycle, or can hike to the waterfalls, streams and lakes in the area, including nearby Mossbrae Falls, Hedge Creek Falls, Lake Siskiyou, Castle Lake and Shasta Lake.
Dunsmuir is located on the Upper Sacramento River, a blue ribbon trout stream that attracts fishermen from all over the world. Wild rainbow trout abound in the river. Additionally, the City has a private stocking permit from the Department of Fish and Game. The City currently has a "Big Fish Program" and stocks the river within the city limits with trophy-sized rainbow trout up to 14 pounds (6.4 kg). These stockings take place during the summer months. Catch-and-Release fishing is permitted in the river during the off-season, so fly-fishing is available year round.
The town is also a destination for historical and cultural tourists, as the town has preserved an authentic 1920s and 1930s look and feel. Dunsmuir's long connection with the railroad draws railfans to enjoy the sights and sounds of the railroad in the steep Sacramento River canyon. Dunsmuir is officially a Union Pacific "Train Town" and enjoys many financial benefits because of its relationship with the railroad.
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