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. Tehama County Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Tehama County, California
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About Tehama County
Tehama County (/təˈheɪmə/ tə-hay-mə) is a county located in the northern part of the U.S. state of California. It is bisected by the Sacramento River. As of 2010 its population was 63,463, up from 56,039 as of 2000. The county seat is Red Bluff, which is also the largest city.
Tehama County was formed from parts of Butte, Colusa, and Shasta Counties in 1856.
The county is named for the City of Tehama. The origin of the name is not known. Suggested possible roots are the Arabic word تهامة tehama ("hot low-lands"), the Spanish word tejamanil (shingle), or "high water" in the dialect of local Native Americans.
The first permanent settlers in the area that is now Tehama County were Robert Hasty Thomes, Albert Gallatin Toomes, William George Chard, and Job Francis Dye. The four men were each given land grants by the government of Mexico in 1844. Thomes received Rancho Saucos, Toomes received Rancho Rio de los Molinos, Chard received Rancho Las Flores, and Dye received Rancho Primer Cañon o Rio de Los Berrendos. Later in the same year Josiah Belden received Rancho Barranca Colorado.
Tehama is a strongly Republican county in Presidential and congressional elections. The last Democrat to win a majority in the county was Jimmy Carter in 1976. Bill Clinton won a plurality in 1992.
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