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. Petaluma Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Petaluma, California
About Petaluma
Petaluma /pɛtəˈluːmə/ is a city in Sonoma County, California, in the United States. In the 2010 Census the population was 57,941.
Located in Petaluma is the Rancho Petaluma Adobe, a National Historic Landmark. It was built beginning in 1836 by General Mariano Guadalupe Vallejo, then Commandant of the San Francisco Presidio. It was the center of a vast 66,000 acre (270-km²) ranch stretching from Petaluma River to Sonoma Creek. The adobe is considered one of the best preserved buildings of its era in Northern California.
Located in Petaluma is the Rancho Petaluma Adobe, a National Historic Landmark. It was built beginning in 1836 by General Mariano Guadalupe Vallejo, then Commandant of the San Francisco Presidio. It was the center of a vast 66,000 acre (270-km²) ranch stretching from Petaluma River to Sonoma Creek. The adobe is considered one of the best preserved buildings of its era in Northern California.
Petaluma has a well-preserved, historic city center which includes many buildings that survived the 1906 San Francisco earthquake.
Petaluma is today the location of many distinguished, well-preserved pre-1906 buildings and Victorian homes on the western side of the river. The downtown area has suffered many river floods over the years and during the Depression commerce declined. A lack of funds prevented the demolition of the old homes and buildings. In the 1960s there was a counter-culture migration out of San Francisco into Marin County and southern Sonoma County, looking for inexpensive housing in a less urban environment. The old Victorian, Queen Anne and Eastlake houses were restored. Historic iron-front buildings in the downtown commercial district were also rescued. Traffic and new home development for the most part was rerouted to the east of downtown by the construction of the 101 freeway. The downtown Petaluma Historic Commercial District is on the National Register of Historic Places.
Petaluma pioneered the time-controlled approach to development. After Highway 101 was re-aligned as a freeway in 1955, residential development permits tripled, from 300 in 1969 to 900 in 1971. Because of the region's soaring population in the sixties, the city enacted the “Petaluma Plan” in 1971. This plan limited the number of building permits to 500 annually for a five-year period beginning in 1972. At the same time Petaluma created a redbelt around the town as a boundary for urban expansion for a stated number of years. Similar to Ramapo, New York, a Residential Development Control System was created to distribute the building permits based on a point system conforming to the city's general plan to provide for low and moderate income housing and divide development somewhat equally between east and west and single family and multi-family housing.
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