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. Alameda Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Alameda, California
About Alameda
Alameda is a city in Alameda County, California, United States. It is located on Alameda Island and Bay Farm Island, and is adjacent to and west of Oakland and in eastern San Francisco Bay across from San Francisco and South San Francisco, in the San Francisco Bay Area. Bay Farm Island, a portion of which is also known as "Harbor Bay Isle", is not actually an island, and is part of the mainland adjacent to the Oakland International Airport. At the 2010 census, the city had a total population of 73,812. Alameda is a charter city, rather than a general law city, allowing the city to provide for any form of government. Alameda became a charter city and adopted a council-manager government in 1916, which it retains to the present.
The island Alameda occupies was originally a peninsula connected to Oakland. Much of it was low-lying and marshy, but on higher ground the peninsula and adjacent parts of what is now downtown Oakland were home to one of the largest coastal oak forests in the world. The area was therefore called Encinal, Spanish for "oak grove". Alameda is Spanish for "grove of poplar trees" or "tree-lined avenue", and was chosen in 1853 by popular vote.
The inhabitants at the time of the arrival of the Spanish in the late 18th century were a local band of the Ohlone tribe. The peninsula became part of the vast Rancho San Antonio granted to Luis Peralta by the Spanish king who claimed California. The grant was later confirmed by the new Republic of Mexico upon its independence from Spain. Over time, the place became known as Bolsa de Encinal or Encinal de San Antonio.
The city was founded on June 6, 1853, and the town originally contained three small settlements. "Alameda" referred to the village at Encinal and High Streets, Hibbardsville was at the North Shore ferry and shipping terminal, and Woodstock was on the west near the ferry piers of the South Pacific Coast Railroad and the Central Pacific. Eventually, the Central Pacific's ferry pier became the Alameda Mole, featuring transit connections between San Francisco ferries, local trollies and Southern Pacific (formerly Central Pacific) commuter lines.
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