In California, domestic violence offenses are aggressively prosecuted, and convicted offenders face harsh, life-changing penalties. Domestic abuse crimes are also highly stigmatized, and mere allegations of spousal abuse can damage the accused’s reputation, even if they are innocent of the crime. If you or a loved one has been charged with a domestic violence crime in California, do not hesitate to consult our San Diego domestic violence attorneys at Sevens Legal. We will fight to protect your legal rights and restore your reputation.
Key Takeaways
- Domestic violence crimes are punished harshly in California.
- Many kinds of abuse may lead to domestic violence charges, including physical, verbal, emotional, and psychological abuse.
- Domestic violence crimes may be prosecuted as misdemeanor or felony offenses.
- False accusations of abuse can cause irreparable damage to the accused person’s reputation.
Understanding Domestic Violence Charges
Most people think of domestic violence as physical abuse perpetrated by one spouse or domestic partner against another. While domestic violence can and often does involve intentionally hitting, kicking, pushing, or otherwise physically harming someone, it doesn’t always. In California, domestic abuse charges can also arise from acts involving sexual assault, threatening someone with physical violence, harassing, stalking, disturbing someone’s peace, or destroying their property. Domestic abuse can also involve verbal, emotional, or psychological abuse. You could face domestic violence charges in California if you have been accused of perpetrating any of these acts against a current or former intimate partner or family member.
What is Domestic Violence in Simple Terms?
Laws surrounding domestic violence offenses vary from state to state, and understanding domestic violence charges can be confusing. Domestic violence, in simple terms, is defined as abuse or threats of abuse occurring between two people who are closely related by blood or marriage or who currently are in an intimate relationship or have been in the past. In California, this includes the following:
- Married people or domestic partners,
- People who are dating or used to date,
- People who live or lived together, and
- People who have a child together.
Penalties for Domestic Violence Charges
Due to the very broad nature of domestic violence as defined by California law, many statutes in the California Penal Code deal with domestic violence offenses. Two of the most common are:
- Penal Code section 273.5 – Corporal Injury to a Spouse: This law makes it a crime to “willfully inflict corporal injury resulting in a traumatic condition” upon a spouse, family member, cohabitant, or any other protected individual mentioned above.
- Penal Code section 243(e)(1) – Domestic Battery: This law makes it a crime to willfully touch a protected individual in a harmful or offensive manner.
There are other related offenses set out in the California Penal Code that may also be charged in a domestic violence case, including California Penal Code Section 240 – Assault, California Penal Code Section 242 – Battery, and California Penal Code Section 243(d) – Battery Causing Serious Bodily Injury.
Is Domestic Violence a Misdemeanor or Felony?
Under California law, domestic violence crimes may be prosecuted as a misdemeanor or felony offense, depending on the circumstances of the case. Domestic Battery is almost always charged as a misdemeanor under Penal Code section 243(e)(1). The crime is punishable by a maximum fine of $2,000 and/or imprisonment in county jail for up to one year, among other potential penalties.
A person convicted of Corporal Injury to a Spouse in violation of Penal Code section 273.5 is guilty of a felony offense and faces a maximum fine of $6,000 and/or imprisonment in state prison for up to four years, with stiffer penalties imposed upon defendants who have previous domestic violence convictions.
Defending Against Domestic Violence Charges
Facing domestic violence charges can be shocking and terrifying, especially if you have been wrongfully accused of committing an act of abuse against a spouse or family member. However, there are defenses to domestic violence charges, and choosing the right domestic violence attorney can help to protect you against unwarranted domestic violence charges and/or excessive criminal penalties.
How Do You Counter a Domestic Violence Case?
If you or someone you know has been accused of domestic violence, you are probably wondering how you counter a domestic violence case. Raising a successful defense against domestic violence charges has everything to do with the unique elements of the alleged crime. For instance, to prove that a defendant violated Penal Code section 273.5 by inflicting corporal injury on their spouse or family member, the prosecution must establish the following elements beyond a reasonable doubt:
- The defendant deliberately and unlawfully inflicted corporal injury on a person,
- The injury resulted in a traumatic condition, and
- The person is a current or former spouse, dating partner, co-parent, family member, or cohabitant.
Which Defense is Frequently Used in Domestic Violence Cases?
Accusations of domestic violence are taken extremely seriously in California. However, you can still beat a PC 243(e)(1) or PC 273.5 charge and avoid a conviction if you can raise doubts about even one element of the prosecution’s case.
One possible defense frequently used in domestic violence cases is self-defense or defense of others. Your attorney may raise this defense if you have been accused of domestic violence and acted in self-defense or to defend another person when the alleged crime occurred. Other possible defenses may be successful if your attorney can show that the alleged domestic violence offense was an accident, that you committed the offense under duress, that the prosecution’s evidence is insufficient to prove your guilt, that you were intoxicated involuntarily at the time of the crime, or that you are the victim of mistaken identity.
Free Domestic Violence Consultation in San Diego
As you can see, the consequences of a domestic violence conviction in California are severe and life-changing. Suppose you have been accused of a domestic violence-related crime. In that case, there is no better choice than to enlist the help of a reputable attorney with a history of success defending clients against domestic abuse charges. At Sevens Legal, we offer a free domestic violence consultation for individuals accused of any domestic violence-related crime.
How to Contact Our Domestic Violence Attorneys
To find out how our experienced domestic violence attorneys can help you with your case, call or text us at (619) 304-4993 or visit our website at www.domesticviolenceattorneysandiego.com.
