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. Farmersville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Farmersville, California
About Exeter
Farmersville is a city in Tulare County, California, United States, just to the east of Visalia, California. The population was 10,588 at the 2010 census, up from 8,737 at the 2000 census.
The economy of Farmersville is heavily dependent on agriculture. Much of the population is employed as agricultural workers. Local commerce is composed of mostly small family-owned businesses, with a high concentration of fast food and used automobiles. Farmersville boasts a McDonalds, a Jack-in-the-Box, and a Subway sandwich shop as well as other local venues. Other large chain retailers include an AutoZone store, and a Dollar Tree store.There is also a plan to bring a FAMILY DOLLAR to the town. Atlas Walnut company will also be opening a walnut processing facility in the near future. The city also boasts three bakeries.
The first history of the Farmersville area was in the 1850s. There was a community developed called Deep Creek. It is located near the present Deep Creek Cemetery and there are headstones that date back to the 1850s. There was a school built there to accommodate the farm children in the area. The Fly family history, which is preserved in a book written about their travels to California, there is talk about attending the Deep Creek School in the 1860s.
The discussion to incorporate started as early as 1945. However, Don Freeman began the petition and application process that ended on October 6, 1960, in the City's incorporation. The first council was; James Tornow, Mayor, Truman Qualls, Don Freeman, Willis Freeman, Jim Steven and council members. Carl Waddle was the first City Clerk. The City struggled to get proper water delivery and wastewater treatment. It was in 1968 that the Wastewater treatment plant loan was made for $480,000 to build the first plant and transmission infrastructure. The City was discussing disincorporation by the late 1960s.
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