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. Sonoma County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sonoma County, California
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About Sonoma County
Sonoma County, located on the northern coast of the U.S. state of California, is the largest (in area) and northernmost of the nine San Francisco Bay Area counties. Its population at the 2010 census was 483,878. Its largest city and county seat is Santa Rosa.
Sonoma is the southwestern county and largest producer of California's Wine Country region, which also includes Napa, Mendocino, and Lake counties. It has 13 approved American Viticultural Areas and over 250 wineries. In 2002, Sonoma County ranked as the 32nd county in the United States in agricultural production. As early as 1920, Sonoma County was ranked as the eighth most agriculturally productive U.S county and a leading producer of poultry products, hops, grapes, prunes, apples and dairy products, largely due to the extent of available, fertile agricultural land, in addition to the abundance of high quality irrigation water. More than 7.4 million tourists visit each year, spending more than $1 billion in 2006. Sonoma County is the home of Sonoma State University and Santa Rosa Junior College.
Sonoma County is home to several Native American tribes. By the 1830s, European settlement had set a new direction that would prove to radically alter the course of land use and resource management of this region. As of 2007, Sonoma County has rich agricultural land, albeit now largely divided between two nearly monocultural uses: grapes and pasturage. The voters have twice approved open space initiatives that have provided funding for public acquisition of natural areas, preserving forested areas, coastal habitat, and other open space.
Sonoma was one of the original counties formed when California became a state in 1850, with its county seat originally the town of Sonoma. However, by the early 1850s, the town of Sonoma had declined in importance in terms of both commerce and population, its county buildings were crumbling, and it was relatively remote. As a result, elements in the newer, rapidly growing towns of Petaluma, Santa Rosa, and Healdsburg began vying to move the county seat to their towns. The dispute ultimately was between the bigger, richer commercial town of Petaluma and the more centrally located, growing agricultural center of Santa Rosa. The fate was decided following an election for the state legislature in which James Bennett of Santa Rosa defeated Joseph Hooker of Sonoma and introduced a bill that ultimately resulted in Santa Rosa being confirmed as county seat in 1854. Allegedly, several Santa Rosans, not caring to wait, decided to take action and, one night, rode down the Sonoma Valley to Sonoma, took the county seals and records, and brought them to Santa Rosa.
The county lies in the North Coast Ranges of northwestern California. Its ranges include the Mayacamas and the Sonoma Mountains, the southern peak of the latter being the prominent landform, Sears Point. The highest peak in the Mayacamas within the county is Hood Mountain. It has uncommon occurrences of pygmy forest, dominated by Mendocino Cypress. The highest peak of the Sonoma Mountains is Sonoma Mountain itself, which boasts two significant public access properties: Jack London State Historic Park and Fairfield Osborn Preserve.
The county includes the City of Sonoma and the Sonoma Valley, in which the City of Sonoma is located. However, these are not synonymous. The City of Sonoma is merely one of several incorporated cities in the county. The Sonoma Valley itself makes up only the southeastern portion of the county, which includes many other valleys and geographic zones. Moreover, the Sonoma Valley itself includes not only the City of Sonoma, but a portion of the City of Santa Rosa and the unincorporated communities of Kenwood, Agua Caliente, Boyes Hot Springs, and Fetters Hot Springs. Other regions of the county beyond the Sonoma Valley include, among others, the Petaluma Valley, the Santa Rosa Plains, the Russian River, the Alexander Valley, and the Dry Creek Valley.
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