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. Benicia Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Benicia, California
About Benicia
Benicia is a waterside city in Solano County, California, United States. It served as the state capital for nearly thirteen months from 1853 to 1854. The population was 26,997 at the 2010 census. The city is located in the San Francisco Bay Area along the north bank of the Carquinez Strait. Benicia is just east of Vallejo and across the strait from Martinez. Elizabeth Patterson has served as Mayor of Benicia since 2007.
The town can be divided into four areas: the East Side (east of First Street), the West Side (west of First Street), Southampton (the newer suburban neighborhoods north of Interstate 780), and the industrial park. Most of the town's older homes are on the east and west sides. Southampton contains primarily single-family housing developments and condominiums, most of which were built between 1970 and 2000. The East Side includes the Benicia Arsenal, a former United States Army armory, which was bought by the city and is now used for a variety of purposes, most notably as live-work spaces for artists. The Arsenal is home to several historic (ca. 1860) landmark buildings such as The Clock Tower, the Camel Barn, and the Jefferson Street Mansion. The industrial park lies to the northeast of the residential areas of the city, and includes the Valero oil refinery. The Benicia State Recreation Area is on the far west edge of the city.
The main retail area in Benicia is First Street, which attracts out-of-town antique and boutique shoppers and those seeking small-town, historic charm. In 1987 Benicia was selected to participate in the California Main Street Program.
The City of Benicia was founded on May 19, 1847, by Dr. Robert Semple, and Thomas O. Larkin and Comandante General Mariano Guadalupe Vallejo, on land sold to them by General Vallejo in December 1846. It was named for the General's wife, Francisca Benicia Carillo de Vallejo. The General intended that the city be named "Francisca" after his wife, but this name was dropped when the former city of "Yerba Buena" changed its name to "San Francisco". So Sra. Vallejo's second given name was used instead. In his memoirs, William Tecumseh Sherman contended that Benicia was "the best natural site for a commercial city" in the region.
Benicia is an active sailing community. In additional to individual sailing out of the Benicia Marina, there are several organized events and competitions. During the summer months, there is a yacht racing competition on Thursday evenings sponsored by the Benicia Yacht Club. The Yacht Club also sponsors a Youth Sailing Program that offers extensive training.
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