Domestic violence allegations can arise suddenly and escalate quickly. A disagreement may lead to a police visit, questioning, or an arrest before you have had time to understand what happens next.
For many people, a domestic violence charge is their first experience with the California criminal justice system. The uncertainty can be intimidating, especially when your freedom, employment, relationships, and child custody arrangements may be affected.
If you have been accused of domestic violence in Beverly Hills, speaking with an experienced defense attorney early can help you understand the charge, protect your rights, and make informed decisions about your case.
Beverly Hills domestic violence attorney Ruzanna Poghosyan of RP Defense Law helps clients navigate the legal process and build a defense based on the facts of their circumstances.
Section 13700 of the California Penal Code defines domestic violence as abuse involving someone with whom the accused has a qualifying relationship. Under this section, abuse includes intentionally or recklessly causing or attempting to cause bodily injury, or placing someone in reasonable fear of imminent serious bodily injury.
A qualifying relationship may involve:
Domestic violence allegations are therefore not limited to married couples. The relationship between the people involved, the alleged conduct, and the available evidence all matter.
An argument, alleged threat, or physical confrontation between people in a qualifying relationship may lead to a domestic violence investigation. Depending on the facts, an investigation may involve allegations of:
An accusation does not determine what happened or which charge, if any, the evidence supports. A Beverly Hills domestic violence lawyer can review the specific allegations and explain the potential consequences.
California law allows different charges to arise from a domestic violence incident. Two commonly charged offenses are domestic battery and corporal injury to a spouse or other qualifying person. The distinction often turns on whether the prosecution can prove a physical injury and which relationship applies.
Under California Penal Code Section 243(e)(1), domestic battery involves a battery against a person who has one of the relationships specified in the statute. A visible injury is not required.
Domestic battery is generally charged as a misdemeanor. A conviction may carry up to one year in county jail, a fine of up to $2,000, or both.
Example:
An engaged couple becomes involved in a heated argument. One person grabs the other’s arm to stop them from leaving. Even if no visible injury results, that contact could lead to a domestic battery allegation. Whether the charge can be proved depends on the evidence and the circumstances.
California Penal Code Section 273.5 addresses the willful infliction of corporal injury that results in a traumatic condition upon a person covered by the statute. A traumatic condition can include an external or internal injury, whether minor or serious.
The charge may be prosecuted as a felony or resolved as a misdemeanor, depending on the circumstances. The statute provides for up to one year in county jail or a state prison term of two, three, or four years, as well as a fine of up to $6,000. Prior convictions can affect the potential penalties.
A domestic violence investigation can involve allegations beyond domestic battery or corporal injury. Depending on the circumstances, related charges may include:
Each charge has different elements that the prosecution must prove. An attorney can examine the allegations and evidence rather than treating every domestic violence case as the same.
The right defense depends on what happened and what the evidence shows. A domestic violence attorney may examine:
A careful review can also identify missing context or weaknesses in how the incident was investigated. No particular defense applies to every case.
If you have been arrested or accused of domestic violence, it is important to understand the specific allegations before making decisions about your case. Ruzanna Poghosyan and the team at RP Defense Law can review the evidence, explain your options, and prepare a defense strategy suited to your circumstances.
If dismissal is not possible, the team can evaluate other available outcomes, including negotiations with the prosecution.
Contact RP Defense Law to schedule a consultation.
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