Domestic Violence Laws in California
Domestic violence is a broad term that is used to classify criminal transgressions that could be charged and punished in a multitude of ways. The penalty of each case will depend on the nature of the relationship, the circumstances surrounding the case, place of the arrest, the defendant’s criminal record, and the attorney who represents the defendant. When a domestic violence case presents serious evidence against the defendant, the defendant could face a felony conviction.
Common Domestic Violence Charges
The California Penal Code §273.5 is the most common domestic violence accusation. This criminal offense will involve inflicting an injury on a partner, spouse, parent, cohabitant, or individual the defendant has previously dated. This offense is considered a wobbler, meaning, the defendant could be arrested for a violation of the law but the District Attorney’s office could reduce the charges to a misdemeanor if the victim’s injuries do not meet levels of a felony conduct. Another common charge falls under Penal Code §243(e) and it involves committing a battery on a cohabitant, spouse, parent, or partner. This charge is considered a misdemeanor.
One of the most serious charges involves Penal Code §245. Penal Code §245 is a felony charge and it is not restricted to domestic violence cases. Being convicted of this charge will give the defendant a strike within California’s Three Strikes law. It is important to note that this charge is a wobbler, which means that the charges could be reduced to a misdemeanor. If a felony conviction transpires, the defendant will not only face a strike in his or her criminal record, but the sentence will lead to harsher sentencing in any future case.
Implications for First Time Offenders
Domestic violence cases are considered first time offenses if the defendant has never been convicted of a related charge, which includes spousal abuse or domestic battery. The penalties for first time convictions can be wide-ranging. For instance, the penalties can be harsher if the victim suffered injuries that required medical treatment. Depending on the facts of the case, some courts can impose even harsher sentencing if there were numerous incidents.
Defend Your Rights; Seek the Legal Support of an Experienced Criminal Defense Attorney
If you are being charged with domestic violence in the State of California, you should know that the charges could involve consequences that will affect you for the rest of your life. Additionally, facing criminal charges can affect the lives of those around you as well, particularly of financial dependents and/or children.
In many domestic violence cases, the support of an experienced attorney can help to undermine the charges or completely eliminate the charges. Consider seeking the legal support of a qualified criminal defense attorney who can assist you.
The attorneys at Milligan, Beswick, Levine & Knox, LLP are highly skilled in the field of domestic violence cases in the State of California. The firm is committed to representing the rights of defendants in a criminal court of law. When it comes to criminal charges, it is vital to have appropriate legal representation; seek the legal knowledge of an experienced attorney as soon as possible.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.