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. Vacaville Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Vacaville, California
About Vacaville/h3>
Vacaville is a city located in Solano County in Northern California. The city is nearly half way between Sacramento and San Francisco on I-80. It sits approximately 35 miles (56 km) from Sacramento, and 45 miles (72 km) from San Francisco. As of the 2010 census, the city had a population of 92,428, making it the third largest city in Solano County.
The city was founded on December 13, 1851 by William McDaniel, on a part of the 1843 Mexican land grant Rancho Los Putos purchased from Manuel Cabeza Vaca.
The city was a Pony Express stop and was home to many large produce companies and local farms which flourished due to the Vaca Valley's rich soil, including The Nut Tree.
There are a number of rare and endangered species in the Vacaville area. Endangered plants which have historically occurred in the vernal pool areas in and around Vacaville include Legenre limosa, Plagiobothrys hystriculus, Downingia humilis, Contra Costa Goldfields (Lasthenia conjugens), and Showy Indian clover (Trifolium amoenum). To this day Trifolium amoenum can still be found in Lagoon Valley Regional Park.
The city holds annual Vacaville Fiesta Days, which includes a parade that features the public school marching bands, gymnasts, and even an electric car showcase, among other things. Other sites for tourists include the Vacaville Premium Outlets and the Nut Tree, which is home to a train for children and even a life-size checkerboard, as well as numerous stores and places to eat. Every December, the city holds a Festival of Trees in the ice skating rink and the Tree Lighting Ceremony in which residents of Vacaville gather in downtown to see a 50-foot (15 m) tree illuminate and enjoy festive music played by the Jepson Band, hot chocolate, and horse-drawn carriage rides.
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