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. Yuba City Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Yuba City, California
About Yuba City
Yuba City is a city in Northern California, founded in 1849, and is the county seat of Sutter County, California, United States. The population was 64,925 at the 2010 census.
Yuba City is the principal city of the Yuba City Metropolitan Statistical Area which encompasses all of Sutter County and Yuba County. The metro area's population is 164,138. It is the 21st largest metropolitan area in California ranked behind Redding and Chico. Its metropolitan statistical area is part of the Greater Sacramento CSA.
The unemployment rate in the Yuba City MSA was 14.9 percent in September 2012, down from a revised 15.8 percent in August 2012, and below the year-ago estimate of 16.4 percent. This compares with an unadjusted unemployment rate of 9.7 percent for California and 7.6 percent for the nation during the same period. The unemployment rate was 14.0 percent in Sutter County, and 16.3 percent in Yuba County.
The county seat for Sutter County, CA was chosen to be Yuba City in 1854. The same year, however, voters decided that Nicolaus, CA would be a better location, and the county seat was moved there. County voters returned to their first choice of Yuba City two years later, in 1856, and it has remained the county seat since.
The Yuba City area is located 40 miles north of Sacramento and situated in the Sacramento Valley. It is home to the Sutter Buttes, the smallest mountain range in the world. The Feather River borders the city to the east and the area is sometimes referred to as the "Feather River Valley", which divides the city from its neighbor Marysville.
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