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. Santa Maria Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Santa Maria, California
About Santa Maria
Santa Maria is a city in Santa Barbara County, in Southern California. It is approximately 150 miles (240 km) northwest of downtownLos Angeles. The 2010 census population was 100,062, putting it ahead of Santa Barbara (the county seat) for the first time and making it the largest city in the county. The estimated population of the area is 171,227, which includes Santa Maria, the city ofGuadalupe and the unincorporated township of Orcutt. The city is notable for its wine industry and Santa Maria-style barbecue. Sunset Magazine called Santa Maria "The West's Best BBQ Town".
The Santa Maria Valley, stretching from the Santa Lucia Mountains toward the Pacific Ocean, was the homeland of the Chumash people for several thousand years. These now nearly vanished Native Americans made their homes on the slopes of the surrounding hills among the oaks, on the banks of the Santa Maria River among the sycamores, and along the coast. They had a unique plank-built boats, called Tomol, which they used for ocean fishing.
In the late 19th century, after California gained statehood in 1850, the area's rich soil attracted farmers and other settlers. By the end of the century, the Santa Maria River Valley had become one of the most productive agricultural areas in the state. Agriculture is still a key component of the economy for the city and the entire region.
Between 1869 and 1874, four of the valley's settlers, Rudolph Cook, John Thornburg, Isaac Fesler (for whom Fesler Jr. High School is named), and Isaac Miller, built their homes near each other at the present corners on Broadway and Main Street. The townsite was recorded in Santa Barbara in 1875. The new town was named Grangerville, then changed to Central City. It became Santa Maria on February 18, 1885, since mail was often being sent by mistake to Central City, Colorado. Santa Maria was chosen from the name Juan Pacifico Ontiveros had given to his property 25 years earlier.
Oil exploration began in 1888, leading to large-scale discoveries at the turn of the 20th century. In 1902, Union Oil discovered the large Orcutt Oil Field in the Solomon Hills south of town, and a number of smaller companies also began pumping oil. Two years later, Union Oil had 22 wells in production. Other significant discoveries followed, including the Lompoc Oil Field in 1903 and the Cat Canyon field in 1908. Over the next 80 years more large oil fields were found, and thousands of oil wells drilled and put into production. Oil development intensified in 1930s, with the discovery of the Santa Maria Valley Oil Field in 1934, right underneath the southern and western parts of the city of Santa Maria, which spurred the City's growth even further. By 1957 there were 1,775 oil wells in operation in the Santa Maria Valley, producing more than $640 million worth of oil.
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