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. Mount Shasta Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Mount Shasta, California
About Mount Shasta
Mount Shasta is a city in Siskiyou County, California, located at around 3,600 feet (1,100 m) on the flanks of Mount Shasta, a prominent northern California landmark. The city is less than 9 miles (14 km) southwest of the summit of its namesake volcano. As of the 2010 Census the city had a population of 3,394, down from 3,624 at the 2000 census.
The town of Mount Shasta is located in the Shasta Cascade area of Northern California. Visitors use Mount Shasta as a base for trout fishing in the nearby Sacramento, McCloud and Klamath rivers, for climbing at Mount Shasta, Castle Crags or the Trinity Alps, or to view scenery. Both alpine and cross-country skiing runs are available nearby as well as biking or hiking to waterfalls, streams and lakes in the area, including nearby Mossbrae Falls, Lake Siskiyou, Castle Lake and Shasta Lake.
The site of present-day Mount Shasta City was within the range of the Okwanuchu tribe of Native Americans. During the 1820s, early Euro-American trappers and hunters first passed through the area, following the path of the Siskiyou Trail. The Siskiyou Trail was based on a network of ancient Native American footpaths connecting California and the Pacific Northwest. The discovery of gold at nearby Yreka, California in 1851, dramatically increased traffic along the Siskiyou Trail and through the site of present-day Mount Shasta. Pioneer Ross McCloud built one of the first lumber mills in the area, near the site of the present Sisson Museum. The completion of a stagecoach road between Yreka and Upper Soda Springs in the late 1850s led to the building of Sisson's Hotel, as a stop for weary travelers, and as a staging ground for adventuresome tourists intending to climb Mount Shasta.
The town is placed on the distal gently sloping southwest flanks of Mount Shasta, with the chief surficial soils being Quaternary alluvium. This alluvium is adjacent to and probably underlain by volcanic clastic rock deposited by Mount Shasta in the course of its development. Groundwater elevation is approximately at the elevation of the underlying native black peat soil. Where it occurs this peat, of approximately two feet thickness, is underlain by stream deposit sands and gravels.
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