Domestic violence has to be one of the more complex types of criminal offenses, particularly when the parties who are involved have different versions of the events that occurred. Many people who are convicted of domestic violence discover that they end up facing a variety of serious penalties including social stigma. If you have been charged with domestic violence, it is critical to quickly obtain the assistance of a skilled attorney who can help make sure that your case resolves in the best possible manner.
Laws in the state of California specifically distinguish between domestic abuse and other violent crimes including assault and battery. Penal Code 273.5 addresses domestic violence and specifically prohibits "traumatic" bodily injury that results due to a confrontation between cohabiting couples, dating couples, former cohabiting couples, former dating couples, former spouses, and spouses. To be convicted of domestic offense, a person must have inflicted these injuries either intentionally or willfully.
Offenses committed under this law can be prosecuted as either a felony or misdemeanor based on the facts that are involved in a case. Being convicted of a misdemeanor involving domestic violence can result in a person facing jail time of up to one year, fines of up to $6,000, payment of up to $5,000 to a domestic violence shelter, a restraining order against the injured party, counseling, community service, and three years of probation. Being convicted of a felony in these cases can result in a person facing up to five years in prison or more if great bodily injury is involved, a possible criminal record, probation, and a restraining order.
Some of the other connected charges that a person can face in connection to domestic violence include the following:
In accordance with Penal Code 243, a person can end up being charged with a misdemeanor of domestic battery if prosecution suspects that domestic violence occurred but there are not any signs of injury. This crime can result in a person facing one year in jail, a $2,000 fine, reimbursement for counseling the victim receives, and required payment of $5,000 to a battered women's shelter.
California Penal Code 273 makes it a crime for a person to threaten to commit a criminal offense that would result in either death or great bodily injury to another person. A person who is charged with this offense can end up facing three years in prison, probation, a restraining order, and mandatory counseling.
If you are charged with domestic violence, it is important to act quickly to obtain the assistance of a seasoned criminal defense lawyer. At RP Defense Law, our legal counsel has the experience necessary to make sure that your case resolves in the best possible manner. Our legal counsel has defended numerous individuals who have been charged with domestic violence and understands how to navigate the numerous obstacles that can arise. Contact us today to schedule an initial free consultation.