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. Visalia Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Visalia, California
About Visalia
Visalia (/vaɪˈseɪljə/ vy-sayl-yə) is a city situated in the agricultural San Joaquin Valley of California, approximately 230 miles (370 km) southeast of San Francisco, 190 miles (310 km) north of Los Angeles, and 36 miles (58 km) west of Sequoia National Park. The population was 124,442 at the 2010 census.
Settled in 1852, Visalia is the oldest continuously inhabited inland European settlement between Stockton and Los Angeles. It is the 5th largest city in the San Joaquin Valley after Fresno, Bakersfield, Stockton and Modesto, the 44th most populous in California, and 198th in the United States.
The second incorporation in 1874 moved Visalia into city status with a common council and an ex-officio Mayor and President.
The city is divided into neighborhoods, some of which were incorporated places or communities. There are also several independent cities around Visalia that are popularly grouped with the city of Visalia, due to its immediate vicinity. Generally, the city is divided into the following areas: Downtown Visalia, North Visalia, The Eastside, Southwest Visalia, the Industrial Area, Mooney, and the Westside.
Visalia has a rich architectural history including many extant buildings dating to the mid-late 1800s. Throughout the town center are many historic brick structures, including the Bank of Italy (currently Bank of the Sierra) and the Art Deco/Beaux-Arts Visalia Town Center Post Office, both of which are registered with the National Register of Historic Places. In addition to many other historic buildings and Victorian houses, Visalia is also home to a distinctive Fox Theatre, which was restored by a community group known as "Friends of the Fox" and currently serves as a live venue for music and stage performances.
The economy of Visalia is driven by agriculture (especially grapes, olives, cotton, citrus, and nursery products), livestock, and distribution and manufacturing facilities (electronics and paper products are a couple of significant manufacturing sectors). Light manufacturing and industrial/commercial distribution represent the fastest growing portion of Visalia's employer base.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
