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. Sebastopol Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Sebastopol, California
About Sebastopol
Sebastopol /səˈbæstəpoʊl/ is a city in Sonoma County, California, United States, approximately 52 mi (80 km) north of San Francisco. The population was 7,379 at the 2010 census, but its businesses also serve surrounding rural portions of Sonoma County, a region known as West County, which has a population of up to 50,000 residents.
It is about a 20-minute drive from the Pacific Ocean, between Santa Rosa and Bodega Bay, and is known for its liberal politics and small-town charm. It was once primarily a plum and apple growing region; wine grapes, however, are now predominant, and nearly all lands once used for orchards are now vineyards. World-famous horticulturist Luther Burbank had gardens in this fertile region. The city hosts an annual Apple Blossom Festival and Gravenstein Apple Fair.
Sebastopol became known as the "Gravenstein Apple Capital of the World". The apple industry brought a steady rural prosperity to the town. In 1890 the San Francisco and North Pacific Railroad connected Sebastopol to the national rail network. The town was incorporated in 1902 with schools, churches, hotels, canneries, mills, wineries, and an opera house to its credit. The 1906 earthquake reduced most of these early buildings to rubble, (Sebastopol is only seven miles from the city of Santa Rosa, the worst hit town in the 1906 earthquake) but as elsewhere in the county, the town was rebuilt.
Sebastopol is situated on the edge of the Laguna de Santa Rosa, which is fed by Santa Rosa Creek and other tributaries, including three minor tributaries within the city limits -- Zimpher Creek, Calder Creek and Witter Creek. The Laguna is a wetland area that is home to many species of wildlife and vegetation, and divides the town from the neighboring Santa Rosa. Nearly every winter the Laguna floods, cutting off State Route 12, and often flooding the low lying businesses and homes on the eastern side of Sebastopol. The Pitkin Marsh lily and White sedge are two rare species of plants that are found in the vicinity of Sebastopol.
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