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. Santa Paula Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Paula, California
About Santa Paula
Santa Paula is a city within Ventura County, California, United States. The population was 29,321 at the 2010 census, up from 28,598 at the 2000 census. It has been dubbed the "Citrus Capital of the World." As the initial headquarters of the Union Oil Company of California, Santa Paula was one of the early centers of California's enormous petroleum industry.
The vicinity of Santa Paula was originally inhabited by the Chumash, a Native American people. Father Junipero Serra became active in the area during the Spanish mission period; the town takes its name from the Catholic Saint Paula. Santa Paula is located on the 1843 Rancho Santa Paula y Saticoy Mexican land grant.
In 1872 Nathan Weston Blanchard purchased 2,700 acres (10.9 km2) and founded the town of Santa Paula. Several small oil companies owned by Wallace Hardison, Lyman Stewart and Thomas R. Bard were combined and to become the Union Oil Company in 1890.
The large South Mountain Oil Field southeast of town, just across the Santa Clara River, was discovered by the Oak Ridge Oil Company in 1916, and developed methodically through the 1920s, bringing further economic diversification and growth to the area. While the field peaked in production in the 1950s, Occidental Petroleum continues to extract oil through its Vintage Production subsidiary and remains a significant local employer.
In 1928, the town was devastated by a flood caused by the failure of the St. Francis Dam.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
