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. Fort Jones Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Fort Jones, California
About Fort Jones
Fort Jones is a city in the Scott Valley area of Siskiyou County, California, United States. The population was 839 at the 2010 census, up from 600 as of the 2000 census. This made it the largest town by population In the Scott Valley.
Fort Jones is registered as a California Historical Landmark. It takes its name from the frontier outpost once located less than a mile to the south of the city's corporate limits. The town was originally named Scottsburg (ca. 1850), but was changed to Scottsville shortly afterward. In 1852, the site was again renamed, this time in honor of Mr. O. C. Wheelock who, with his partners, established the area's first commercial enterprise. In 1854, a post office was established and the town was renamed again, becoming known as Ottitiewa, the Indian name for the Scott River branch of the Shasta tribe. The name remained unchanged until 1860 when local citizens successfully petitioned the postal department to change the name to Fort Jones, a name that is retained to the present day.
The post at Fort Jones was established by its first commandant, Captain (brevet Major) Edward H. Fitzgerald, E Company, 1st U.S. Dragoons. Such military posts were to be established in the vicinity of major stage routes, which would have meant locating the post in the vicinity of Yreka, sixteen miles to the Northeast. Yet the areas around Yreka did not contain sufficient resources, such as forage for their animals, and Capt. Fitzgerald located his troop some sixteen miles to the southwest, in what was then known as Beaver Valley. Fort Jones was established on October 18, 1852, named in honor of Colonel Roger Jones, who had been the Adjutant General of the Army from March 1825 to July 1852, and would continue to serve Siskiyou County's military needs until the order was received to evacuate some six years later. Fort Jones ceased to exist as a military garrison on June 23, 1858.
The history of Fort Jones would not be complete without the short list of officers stationed there who would attain national prominence in ensuing years. Among them were Phil Sheridan (Union Army); William Wing Loring (Confederate); John B. Hood (Confederate); Ulysses S. Grant (Union) was named to Fort Jones, but was Absent Without Leave for whatever his tenure would have been; George Crook (Union), who would arguable become one of the greatest leaders for the Grand Army of the Republic less than a decade later; and George Pickett (Confederate).
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
