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. Greenfield Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Greenfield, California
About Greenfield
Greenfield (formerly, Clarke Colony) is a city in Monterey County, California, United States. Greenfield is located 33 miles (53 km) southeast of Salinas, at an elevation of 289 feet (88 m). The city was the fastest growing in the county during the 2000s, the population was 12,583 in 2000, increasing to 16,330 in the 2010 census. Its most well-known public event is the annual Harvest Festival. Greenfield is a member of the Association of Monterey Bay Area Governments.
John S. Clarke and other promoters laid out the town from 1902 to 1905 on part of the Rancho Arroyo Seco Mexican land grant. The original name of Clarke City was rejected by the post office which established Greenfield post office in 1905. Greenfield incorporated in 1947.
Greenfield traces its roots to 1905 and the creation of Clark Colony Water Company, which built a network of irrigation canals and filled them with water from the nearby Arroyo Seco AVA. Greenfield's central location makes it a "springboard" to a number of Southern Monterey County attractions. There are plans on building a museum on Greenfield's history. Construction is said to start in 2008 or 2009.
Greenfield is located in one of the developing wine grape growing regions of California with over twenty vineyards and wineries within a thirty mile radius, several of which have tasting rooms and offer a wide selection of wines for sale. Some of the Vineyards and Wineries located nearby are Chalone, Scheid, Paraiso Vineyards, Pisoni Vineyards, Hahn Estates Smith & Hook, San Saba, J.Lohr, Kendall-Jackson, Ventana, Hess Select, Estancia, The Michaud Vineyard, and Graff Family Vineyard.
The city of Greenfield is centered in one of the most productive agricultural areas in the world. 80% of the lettuce grown in the United States is grown in the Salinas Valley. The area has often been coined as the "Salad Bowl of the World". Over $2 billion(US) worth of fruits and vegetables are produced and shipped annually across the U.S. and abroad. As a result many major vegetable producers are headquartered in the nearby city of Salinas. Local tourism is increasing as more people are attracted to the area, which is also known as the center of "Steinbeck Country" because of famed author John Steinbeck. The area is also known as a premier wine grape growing region due to the rich soil and desirable climate. Vineyards, wineries and wine tasting rooms continue to expand throughout the region.
more ...$2390 Domestic Violence Attorney Promotion. Payment Plans Available.
Toll Free 1(888) 603-4069
Available 7 Days a Week 7am to 9pm
