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. Marysville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Marysville, California
About Marysville
Marysville is the county seat of Yuba County, California, United States. The population was 12,072 at the 2010 census, down from 12,268 at the 2000 census. It is included in the Yuba City Metropolitan Statistical Area, often referred to as the Yuba-Sutter Area after the two counties, Yuba and Sutter. The metropolitan statistical area is part of the Greater Sacramento area.
Marysville is 40 miles north of Sacramento and located in the Sacramento Valley. The city is bordered on the south and east by the Yuba River and the west by the Feather River, with the two rivers converging just southwest of the city. In years of significant snow runoff from the nearby Sierra Nevada range or heavy rain from winter storms, these two rivers pose a serious flooding risk to the city.
Marysville has a Mediterranean Climate, which is mild, wet winters and hot, dry summers. January is usually the wettest month. July is the driest and hottest. The wet season starts from mid-October and ends in mid-April when Yuba City sees frequent rain and is usually under the tule fog. Heavy rain, especially during El Niño or too much mountain snow from winter storms can cause major flooding in the spring. Snow is rare in the valley, but cold waves from the north bring some light snow and ice. Spring is wet in the beginning but becomes dryer and warmer as summer months approach. April is the wettest spring month. May has some rain, but usually from thunderstorms than winter storms. Spring orchards and fields become filled with flowers and tree blossoms during Spring. June-to-September is the dry and hot season. Rain usually doesn't fall at all, but from rare southwest monsoon thunderstorms. July and August are the hottest months when temperatures reach the upper 90's. Heat waves usually occur from June through September. The hottest months are July and August. The delta breeze, which comes from the Bay Area on summer nights, helps cool temperatures and add humidity. At times the delta breeze is strong enough to bring coastal fog inland to the Sacramento Valley. Autumn starts out warm but begins to become cooler, wetter, and foggier. From September-to-mid-October temperatures begin to cool down rapidly bringing rain and fog. Rain and fog become more persistent from mid-October into November.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
