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. Davis Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Davis, California
About Davis
Davis is a city in Yolo County, California, United States. It is part of the Sacramento–Arden-Arcade–Roseville Metropolitan Statistical Area. According to estimates published by the US Census Bureau, the city had a total population of 65,622 in 2010[4] (60,308 in 2000),neither of which includes the on-campus population of UC Davis, which was 5,786 people according to the 2010 United States Census while the "total student enrollment" is listed as 32,290 by the UC Davis website. It is the largest city in Yolo County, and the 122nd largest in the state, by population.
Davis is known for its liberal politics, for having many bicycles and bike paths, and for the campus of the University of California, Davis. In 2006, Davis was ranked as the second most educated city (in terms of the percentage of residents with graduate degrees) in the US by CNN Money Magazine, after Arlington, Virginia.
Davis grew around a Southern Pacific Railroad depot built in 1868. It was then known as "Davisville," named after Jerome C. Davis, a prominent local farmer. However, the post office at Davisville shortened the town name simply to "Davis" in 1907. The name stuck, and the city of Davis was incorporated on March 28, 1917.
From its inception as a farming community, Davis has been known for its contributions to agricultural policy along with veterinary care and animal husbandry. Following the passage of the University Farm Bill in 1905 by the California State Legislature, Governor George Pardee selected Davis out of 50 other sites as the future home to the University of California's University Farm, officially opening to students in 1908. The farm, later renamed the Northern Branch of the College of Agriculture in 1922, was upgraded into the seventh UC general campus, the University of California, Davis, in 1959.
Davis is located in Yolo County, California, 11 mi (18 km) west of Sacramento, 70 mi (113 km) northeast of San Francisco, 385 mi (619 km) north of Los Angeles, at the intersection of Interstate 80 and State Route 113. Neighboring towns include Dixon, Winters, and Woodland.
Bicycling has been a popular mode of transportation in Davis for decades, particularly among UC Davis students. In 2010, Davis became the new home of the United States Bicycling Hall of Fame.
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