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. Weed Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Weed, California
About Weed
Weed is a city located in Siskiyou County, California, United States. As of the 2010 Census, the town had a total population of 2,967, down from 2,979 in 2000. There are several unincorporated communities adjacent to, or just outside Weed proper. These include Edgewood, Carrick, Lake Shastina, Rancho Hills and Hammond Ranch. These communities generally have mailing addresses that use Weed, or its ZIP code. The total population of this area in 2007 was 6,318. Weed is about 10 miles (16 km) west-northwest of Mount Shasta, a prominent northern California landmark, and the second-tallest volcano in the Cascade Range.
The town of Weed gets its name from the founder of the local lumber mill and pioneer Abner Weed, who discovered that the area's strong winds were helpful in drying lumber. In 1897, Abner Weed bought the Siskiyou Lumber and Mercantile Mill and 280 acres (110 ha) of land in what is now the City of Weed, for the sum of $400. By the 1940s Weed boasted the world's largest sawmill.
Although historically reliant on logging, wood processing and forest-related products, Weed's economy has become more reliant on tourism as a source of economic activity. Weed's microbrewery, Mt. Shasta Brewing Company, relies on tourists for 92% of its business, according to co-owner Vaune Dillman.
Weed's historic lumber industry and manufacturing facilities made it a magnet for ethnic minority migration, that may not have otherwise been the case in this region of the country. A large number of Italian immigrants migrated to Weed, and other towns in southern Siskiyou County at the turn of the 20th century. While immigrants were a source of labor for the region, they were not always well treated, in fact in 1909 complaints from workers in the lumber industry reached the Italian consular. However, in time the Italian population came to be a cornerstone of Weed civic life. Many streets in the early Italian neighborhood bear names of Italian cities, such as Rome, Genoa, Como, and Venice. Annually since 1954, the town has held the Weed Italian Carnevale in June or July, although recently dropping "Italian" from its name while maintaining the Italian spelling of carnival and the traditional bocce ball tournaments.
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