Being charged with domestic violence can turn your world upside down. Families can be ripped apart, employment could be lost and your reputation in the community could be ruined. Committing an unlawful touch or battery whether an injury exists or not can be charged as domestic violence if the alleged victim is a spouse, former spouse, co-habitant or the parent of your child.California legislators have developed domestic violence laws that greatly enhance the punishment for unlawful contact between spouse, former spouse, co-habitant, and the parent of your child.
Unfortunately, most counties have assigned special district attorney's whose sole job is to prosecute domestic violence related cases. These district attorneys are aggressive and will continue to prosecute a defendant even when the alleged victim no longer desires criminal charges to be filed. Unfortunately, many individuals are wrongfully convicted of domestic violence. False accusations are a common place in domestic violence related cases. False accusations are often time fueled by jealousy, drugs or alcohol, and emotional instability. No matter the reason for being arrested for domestic violence we know what it takes to defend you!
What types of Domestic related charges exist in California?
Below you find two domestic violence related charges, however, what most inexperienced criminal defense attorney's do no know is that numerous other crimes fall under "domestic violence" if the alleged spouse, former spouse, fiance...ect are involved. An example of this would be vandalism, even with this charge the court could still enforce the domestic violence related punishments if they find their relationship can be defined as the above.
243(e)(1): When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant's child, former spouse, fiance, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding ($2,000), or by a punishment of imprisonment in a county jail not exceeding one year….
273.5(a): Any person who willfully inflicts upon a person who is the spouse, former spouse,, cohabitant, former cohabitant, or mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years…. If a person is placed on probation as a result of a 243(e)(1) or 273.5(a) conviction then the law requires a person to participate in a 52 week batters treatment course. In addition, the court can order that the involved parties have no contact or no negative contact throughout the period of probation.
The consequences of a domestic violence related charge can reach far beyond what is mentioned in this blog, therefore it is imperative that you consult with an experienced attorney to help guide you through these difficult times.