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. Pismo Beach Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Pismo Beach, California
About Pismo Beach
Pismo Beach is a beach city in southern San Luis Obispo County, in the Central Coast area of California, United States. The population was 7,655 at the 2010 census, down from 8,551 at the 2000 census. It is part of the Five Cities Area, a cluster of cities in that area of San Luis Obispo County.
Pismo Beach is located on the Rancho Pismo Mexican land grant made to José Ortega, grandson of José Francisco Ortega, in 1840. In 1846 José Ortega sold Rancho Pismo to Isaac Sparks. John Michael Price bought most of the rancho from Isaac Sparks. Price established the town of Pismo Beach in 1891. His homestead is now Price Historical Park. His home is a registered historical landmark.
The name Pismo comes from the Chumash language word for tar, Pismu' , which was gathered from tar springs in Price Canyon near Pismo Beach. The tar was a valuable product which the Chumash Indians used to caulk their seagoing canoes, called tomol, that traveled along the coast and out to the Channel Islands.
The first wharf at Pismo was built in 1882, followed by a full-length pier built in 1924 that was financed and constructed by William Woodrow Ward who allowed full use of it by the public. After it suffered considerable storm damage, the pier was renovated again in 1985.
Pismo Beach adopted the name "Clam Capital of the World" in the 1950s. The city holds the Clam Festival every October, complete with clam chowder competitions and a clam-themed parade. At the southern end of Price Street upon first entering Pismo Beach, a gigantic concrete clam statue greets visitors. Clamming once drew thousands of clammers to the beach during low tides and is still legal; however, due to over-harvesting by humans and the protected sea otter (which feasts on clams), few clams are to be found. An 8 inch shell of the Pismo clam (Tivela stultorum) is on display at the Pismo Beach Chamber of Commerce.
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