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Simple Domestic Battery Research Paper

653 Words3 Pages

What You Don’t Know About Domestic Battery Laws May Surprise You When it comes to domestic violence crimes in California, there are three types of charges possible, with “domestic battery” being the least serious of them all. The three possible charges include Simple Domestic Battery: Penal Code Section 243(e), Aggravated Battery: Penal Code Section 243(d) and Willful Infliction of Emotional Corporal Injury: Penal Code Section 273.5. Simple Domestic Battery According to California Penal Code Section 243(e), simple domestic battery is essentially “battery” that one commits against a person with whom they have an intimate relationship. However, many people do not realize how many people in their past or present fall into the category of “intimate partner”. The following is a list of potentially “intimate” relationships often considered in …show more content…

In many domestic battery cases, the defendant acted in self-defense or in defense of another individual. A skilled criminal defense attorney can help the judge see that you or another person were at risk of suffering great bodily injury unless you found a way to defend yourself or the other person. It is important to note that the force used in your defense must not exceed the amount of the threatened force against you. You also cannot continue to exert force once the threat subsides. Keep in mind that any “accident” that involves the battering of another person with no intent of force or willful battery is not domestic battery. In fact, in such a case, a prosecutor cannot prove the willful application of force, which means that you cannot be found guilty of domestic battery. Conviction Pursuant to California Penal Code Section (e) (1), you may face the following penalties if convicted: A maximum of 1 year in county jail A maximum fine of $2,000 Informal probation for up to 3

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Grem the court concludes battery is harmful contact of one person against another, with the intent to act out and harm the person receiving the harmful contact, which leads to direct or indirect results. Grem attacked Agnes from behind, smashing a “rocks glass” into his head, resulting in a permanent scar after his injury was healed. The court ruled in favor of Agnes. It reasoned that Grem clearly acted with intent, as he was behind Agnes when he attacked him, as well as acted with intent to harm, as he smashed a “rocks glass” into Agnes’s skull to result in injury against Agnes. Though Grem acted recklessly in his actions and intent, it was substantially certain that Grem acted with the intent to cause harm towards

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There are three main categories of domestic batterers. This categories were identified by Groethsch in 1996 and label these individuals based on severity. Category one batterers have the most potential for rehabilitation. These offenders are considered the least dangerous, are generally regretful, and are more open to treatment. Category two batterers are the least predictable in their actions.

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828 Words | 4 Pages

PENAL CODE 243(d) – BATTERY CAUSING SERIOUS BODILY INJURY Penal Code 243(d) states: “When a battery is committed against any person and serious bodily injury is inflicted on the person, the battery is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.” Explanation Penal Code 243(d) deals with aggravated battery, which refers to an unlawful and willful use of force or act of violence that causes grievous bodily injury to another person. It refers to an act of physical contact that led to the injury. Mere words, no matter how offensive, do not constitute battery causing serious bodily injury.

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For battery there must have been the actual act and intent is not necessarily a requirement. A negligent or illegal act may be enough. For assault it is required that an actual deliberate threat was made to cause fear on the victim, and there was an attempt to commit battery.

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158 Words | 1 Pages

I believe that this event is best classified as self-defense. Self-defense is defined as the defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.

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502 Words | 3 Pages

In chapter 8 of Criminal Law of Today, the author describes the crime of assault, battery, mayhem, false imprisonment, kidnapping, and the crime of threat. The author identifies two types of common law assault and the types of injuries of a victim that are required in order to be considered crime of battery. The author also explains the difference between common law rape and modern statutes describing sexual assault. Although both crime of assault and crime of battery are nothing alike, they are often used together.

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442 Words | 2 Pages

To begin I do believe the battered woman syndrome is misused and is a causeless loophole for women whom are not abused to utilize by way of example; Jodi Arias. The law teaches us not to take the law into our own hands unless it is self-defense. Therefore, unless a man is in the commission of killing a woman fatal force should not be the answer. Moreover, deadly force should only be used if the person reasonably believes that force is necessary to prevent death or serious bodily injury. Additionally, deadly force may be used to prevent the commission of a forcible felony such as rape, murder, etc...

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If you are involved in an accident you may shy away from obtaining the services of a personal injury attorney. You may even decide that you can handle the insurance company and court system on your own. Handling personal injury cases is more difficult than you might think. In accidents involving worker’s comp, there is a lot of paperwork and deadlines that have to be considered. Missing a deadline or not filling out the paperwork properly can possibly cost you financial security.

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Domestic violence has been around for many years. It is even mentioned in the bible, Judges 19. Unfortunately, it is still a prevalent issue that is on the rise. Dr. Miller (2009) mentions in his book, “The domestic violence movement, also referred to as the battered women’s movement, has a long history, although it picked up steam with the advent of the feminist movement of the late 1960s and early 1970s. In 1971, Erin Pizzey opened the first battered women’s shelter in Chiswick, England.

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But, in a few cases, the things that induced the harm were intended more willingly than accidental. In the circumstance of personal injury law, "assault and battery" is intended civil wrong that can make the base of a legal proceeding. In a usual case, the injured one of an assault and battery start legal action against the offender, trying to get settlement for injuries and further damages due to incident. What sort of performance adds up to "assault" in a personal injury claim, and what means

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The Importance of Protection Orders: Do They Work? Intimate Partner Violence is where an abuser uses the power of control over his victim who are in an intimate relationship (Gosselin, 2014, p.188). Intervention strategies have been created to deter abuse. One major aid to intimate partner violence are the police officers whose duties are to enforce “domestic violence laws and provisions of a protection order” which include mandatory and proarrest polies along with warrant exceptions (Gosselin, 2014, p.268,277,281).

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When a person causes another person of serious physical injury. 2. When a person uses deadly weapon or weapons or other dangerous instrument. 3. When a person commits the assault after entering other person 's private home with the intention to inflicting serious physical injury.

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2005 Words | 9 Pages

The mere fact that court does not handle domestic violence cases as serious as they should, in the court alongside the relationship, most of the cases are dismissed. In addition, their batterer’s bail is usually not set high in order to keep them in custody. It also, makes it harder for individuals that are married, because it is solely the victim’s choice than the district attorney. Even with a court order put in place, the violation of that court order is deemed to have no consequence. Within the criminal justice system, another factor battered women are faced with is the challenges set from the prosecutors.

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It might not show any visible evidence but it will damage one’s body from inside and might lead to death. According to an article written by Lauren Amanda on www.socialjusticesolutions.com, the abused spouse and/or child may develop chronic post-traumatic stress disorders, other anxiety disorders or depression, therefore the laws against domestic violence need to be taken more

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The auto battery is the thing that powers all the electrical parts of the auto. It is normally a rechargeable 12 volt lead-corrosive battery that powers the electrical framework in the vehicle. This implies there are different chemicals in the battery that goes into a response when it is being used. When it is energizing, the concoction responses are turned around. Auto Battery Components The fundamental segments of the auto battery is that it begins the starter engine and the start framework.

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