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. Modesto Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Modesto, California
About Modesto
Modesto (Spanish for "modest"), officially the City of Modesto, is the county seat and largest city of Stanislaus County, California, United States. With a population of approximately 201,165 at the 2010 census, Modesto ranks as the 18th largest city in the state of California. The Modesto Census County Division, which includes the cities of Ceres and Riverbank, has a population of 312,842 as of 2010.
Modesto is located in the Central Valley area of Northern California, 90 miles north of Fresno, 92 miles east of San Francisco, 68 miles south of the state capital of Sacramento, 66 miles west of Yosemite National Park, and 24 miles south of Stockton. Modesto, a 29-time Tree City USA honoree, is surrounded by rich farmland, lending to a ranking for the county as 6th among all California counties in farm production. Led by milk, almonds, chickens, walnuts, and corn silage, the county grossed nearly $3.1 billion in agricultural production in 2011.
Modesto was immortalized in the 1973 George Lucas film American Graffiti. The award winning film captured the spirit of "cruising" and friendship on 10th and 11th Streets in 1962 and led to the revival of 1950's nostalgia that included the TV show Happy Days and the other spin-offs. Ron Howard, Harrison Ford and Richard Dreyfuss starred in the film. The soundtrack was a huge success. Director George Lucas is a native of Modesto, graduating from Downey High School in 1962.
Modesto, originally a stop on the railroad connecting Sacramento to Los Angeles, was founded in 1870 and was to be named for William C. Ralston, financier of many projects in early California. However, he declined the suggestion and a Spanish-speaking railroad worker at the naming ceremony said that Ralston was "Muy modesto" (very modest). Thus, the town was named Modesto.[citation needed] It is unknown at this time if this story is mere folklore or fact.
The city was incorporated in 1884, at which time it had over 1000 people. With fields of grain and the proximity of the river (grain barges during the flood season) and railroad traffic, the town grew. Later, dams were installed in the foothills, irrigation water came, and irrigated fields of vegetables and fruit or nut trees prospered. By 1900, its population was over 4,500. During World War II, the area provided canned goods, powdered milk, and eggs for the US armed forces and allied forces. For the next few decades, Modesto's population grew at about two percent per year to over 100,000 in 1980, and over 200,000 in 2001.
Modesto's official slogan is "Water Wealth Contentment Health," which is emblazoned on a large downtown arch featured in local photographs and postcards. A contest was run in 1911 to determine the slogan. The original winning slogan was: "Nobody's got Modesto's goat". The second place entry was the final winner.
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